1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2338 OF 2007 Chandur Moriani. ...Plaintiff. Vs. Health Care Communication Centre. ...Defendant. .... Mr. Ajit N. Makhijani i/b. M.M. Legal Asso. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been instituted for the recovery of the price of goods sold, supplied and delivered. The goods were sold and delivered under 30 invoices between 4th November 2004 and 4th July 2005. The invoices have been duly acknowledged. Certain part payments were made. The principal sum due and outstanding is Rs.3,00,403/-. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed 2 for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the principal sum of Rs.3,00,403/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the respective due date of the invoices, until the date of the institution 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. Refund of the Court fee, if any, as per rules. .....