IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3917 OF 1998 M/s. Nirankar Textiles ..Plaintiffs Vs. M/s. L. Lorindamal Shetty ..Defendants Mr. R. R. Sharma for the Plaintiffs None present for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 15th September , 2009 P.C. : 1. The Suit has been instituted for the recovery of the price of goods sold, supplied and delivered. The Defendants placed an order upon the Plaintiffs for the supply of fabric, in pursuance of which, goods were sold, supplied and delivered under three invoices dated 4th November 1994, 14th November 1994 and 15th November 1994, in the amount of Rs.5,47,056/-. The goods were supplied from Mumbai through a transporter to the Defendants. The delivery challans were duly acknowledged by the Defendants. The Defendants paid an amount of Rs.2,55,019/- , on 15th July 1995. The balance was demanded by a letter dated 28th December 1997, followed by an Advocates’ Notice dated 7th July 1998. The balance of the dues were not paid. The suit is accordingly instituted for the recovery of the outstanding. 2. The Defendants have entered appearance. No Written Statement has been filed. In the circumstances, the pleadings have not been controverted. The Plaintiffs have filed an Affidavit of Examination-in-chief of their Constituted Attorney, together with a Compilation of the documents. The claim has been duly proved on the basis of the documentary evidence on record. 3. The Suit shall stand decreed in terms of prayer clauses (a) and (b), with the modification that the Plaintiffs would be entitled to interest @ 6% p.a. on the principal sum, from the date of the suit until payment or realisation. (Dr. D.Y.Chandrachud, J)