1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 286 OF 2003 Mehul Ramniklal Shah ..Plaintiff vs. The Brihanmumbai Mahanagarpalika ..Defendants ----- Mr.Shobha Pawar i/b. Mr. R.T. Parekh for Plaintiff Mr. R.U. Sirsiban for BMC -Defendants ----- CORAM: V.M. KANADE J. DATED: 22ND FEBRUARY,2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2. In spite of service of the writ of summons, the Defendants have not filed their appearance within 10 days from the date of writ of summons. The Defendants- Bombay Municipal Corporation had placed certain orders with the Plaintiff and pursuant to the said orders, which were placed by the Defendants, the Plaintiff by his delivery challan No. 81-94 of 2000 dated 29.10.1999 sold and supplied the said goods which were received by the Defendants and they acknowledged the receipt of the said invoice. The Plaintiff sent his invoice in respect of the supply of the said goods, which was received and acknowledged by 2 the Defendants on 22.11.1999. The Plaintiff, therefore, called upon the Defendants to pay the said amount of Rs.82,900/- as stated in the invoice. The Defendants by their letter dated 27.1.2000 informed the Plaintiff that the goods were defective and, therefore, the Corporation was not liable to pay the said amount to the Plaintiff. 3. The Plaintiff, therefore, has filed this suit for recovery of the said amount. The Defendants have not filed their appearance though they were served. The Plaintiff has filed affidavit of service. The Plaintiff has also filed list of documents. In view of the provisions of Order XXXVII Rule 2(3) , the Plaintiff is entitled for a judgment and decree. The suit is, therefore, decreed in terms of prayer clause (a) with a modification that the Plaintiff would be entitled to get interest on the principal amount at the rate of 12% p.a. instead of 18% p.a. from the date of filing of the suit till payment and/or realization. Certified Copy is expedited. The Plaintiff is entitled to get refund of Court fees in accordance with rules. (V.M. KANADE J.)