1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2550 OF 2007 Smt. Anita Nanji Satra, Sole Proprietress of M/s. Hemang Traders ..Plaintiff. Vs. Amit Indulal Mehta, Proprietor of M/s. Amit Corrugating Industries ..Defendant. .... Ms. Preeti Gada i/b Sudhir Shah and Associates for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 4th March, 2008. P.C. : 1. The Suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted in order to recover the price of goods sold, supplied and delivered. The goods were of the total value of Rs.4,25,955/- and were supplied under four invoices respectively dated 19th and 27th August, 2004 and 10th and 18th September, 2004. The Defendant has duly signed and remitted the 'C' form for central sales tax purposes admitting a liability of Rs.4,25,955/-. A cheque dated 25th July, 2007 in the amount of Rs.49,418/- was dishonoured on presentation. The amount due and outstanding has not been paid. 2 2. The Defendant has failed to enter appearance despite service of the writ of summons. Consequently the Plaintiff will be entitled to a decree under Order 37 Rule 2(3). The claim arises under a written contract evidenced by the delivery of goods under the invoices raised by the Plaintiff. The Defendant has acknowledged liability while remitting the 'C' form. The claim is within limitation. The Plaintiff has tendered a compilation of the original documents on the record. The suit shall accordingly stand decreed in the amount of Rs.4,25,955/- upon which the Plaintiff will be entitled to interest at the rate of 9% per annum from the respective due dates of the invoices until the date of the suit and at the same rate from the date of the suit until payment or realization. The Plaintiff will be entitled to the costs of the suit. *****