1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.5161 OF 1998 Nanalal K. Jain ...Plaintiff vs. M/s.Hivelm Industries ...Defendants Mr.MehulShah i/b Bharat Joshi for the plaintiff None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 3, 2009 JUDGMENT : 1 The suit is shown under the caption of Undefended suits for exparte decree . The defendant has not entered appearance after service of summons under sub rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure,1908. The plaintiff has tendered on record an affidavit of examination-in-chief as well as the original documents. 2 The suit is filed for recovery of price of the goods sold by the plaintiff to the defendant. Reliance has been placed on the purchase order dated 17 th July 1995 issued by the defendant to the plaintiff. Delivery challan of the goods is placed on record. Invoice claiming a sum of Rs.1,16,947.27 is placed on record. The letter dated 3 rd July 1006 and 9 th September 1996 sent by the defendants are placed on record by which the 2 defendant has admitted the liability and in fact by the second letter, the defendant has sought installments to pay the amount. A demand notice has been duly served. The claim of the plaintiff has been duly proved by the affidavit of the plaintiff and the documents. The plaintiff has claimed further interest at the rate of 24% per annum. Considering the facts of the case, interest deserves to be fixed at the rate of 12% per annum. 3 Hence, I pass the following order : i) The suit stands decreed in terms of the prayer clause (a) with a modification that the plaintiff will be entitled to interest at the rate of 12% per annum on the amount of Rs.76,947.27 from the date of filing of the suit till the realisation of the amount. ii)The plaintiff will be entitled to refund of court fees as per the rules. JUDGE