1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2761 OF 2006 M/s.Shreenathji Steel Yard. ...Plaintiff. Vs. Mr.Kantilal R. Shah. ...Defendant. .... Mr. G.B. Kedia for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 11, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, is instituted for the recovery of an amount of Rs.98,340/- as per the Particulars of Claim at Exhibit 'E' to the Plaint together with future interest. The Plaintiff sold, supplied and delivered to the Defendant goods of the total amount of Rs.1,04,783/- on 2nd July 2004. It has been averred that the goods were received by the Defendant without disputing the price, quality and quantity of the goods. The Defendant issued a cheque dated 3rd November 2004 drawn on the State Bank of India in the amount of Rs.1,04,783/- which was dishonoured for insufficient funds. Thereafter, a part payment was made of 2 Rs.30,000/- in the month of February and March 2005 leaving a balance of Rs.74,783/-. Despite a notice of demand, the amount outstanding has not been paid with interest. The Defendant has been served with the writ of Summons. The Defendant has failed to enter appearance. In the absence of any contest, the Plaintiff is entitled to a decree under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The claim of the Plaintiff falls under the purview of Order 37 of the Code of Civil Procedure, 1908 and is within limitation. The suit shall accordingly stand decreed in terms of prayer clause (a) subject to the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realisation. Refund of Court fees, if any, as per rules. ........