1 sj358-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.358 OF 2010 IN SUMMARY SUIT NO.1883 OF 2010 WITH SUMMARY SUIT NO.1883 OF 2010 Naresh P. Jain ....Plaintiff V/s. Precious Electro Chemindus Pvt. Ltd. ....Defendant Mr.K.S. Tripathi for the Plaintiff. Mr.A.S. Ramesan for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 24TH NOVEMBER, 2011. P.C. :- 1. The suit is filed to recover the price of the goods sold and delivered by the plaintiff to the defendant on the terms and conditions contained in the invoice. The suit is also based on a dishonoured cheque , which is issued by the defendant towards the payment of the amounts due in respect of the said transaction. The plaintiff addressed three notices of demand which remained unanswered. 2. Clause XII of the Letters Patent has been obtained. The objection as to the jurisdiction therefore, does not survive. 2 sj358-10 3. The invoice itself stipulates interest at 24% p.a. In any event on the basis of the dishonoured cheque, the plaintiff is entitled to interest at 18% p.a. 4. Even assuming that the lorry receipt was not signed by the defendant, it would make no difference. The receipt of the goods is not denied. Further the cheque was issued for payment in respect thereof. Three part payments have been made earlier. 5. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.