1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.107 OF 2009 IN SUMMARY SUIT NO.2770 OF 2008 WQ SYSTEMS INDIA PVT. LTD. ....Plaintiffs. V/s COMPRINT COMPUTERS .... Defendants. Mr. M.J. Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 18 th September, 2009 P.C.: 1. Heard Counsel for plaintiffs. None appears on behalf of defendants. 2. Plaintiffs have filed affidavit of service. Plaintiffs have filed this summary suit against defendants for non-payment in respect of goods which were sold, supplied and delivered to defendants under two invoices; one dated 2 nd July, 2005 for Rs 16,000.00 and the other dated 9 th July 2005 for Rs 2,56,000.00. Thus, according to plaintiffs, total amount of Rs. 2,72,000/- was 2 due and payable by defendants. 3. Plaintiffs have filed compilation of documents viz. two invoices, delivery challan, acknowledgment given by defendants, legal notice sent by plaintiffs to defendants, acknowledgment of the said notice by defendants and the reminder which was sent by plaintiffs under certificate of posting. No reply has been filed by defendants. 4. In view of receipt of the said goods which were sold and delivered by plaintiffs to defendants and in view of the acknowledgment of the said sum which was due and payable by defendants to plaintiffs, in my view, plaintiffs have made out a case for judgment and decree as prayed in the Summons for Judgment. Summons for Judgment is accordingly allowed. 5. Defendants are directed to pay to plaintiffs a sum of Rs 4,16,340.00 with interest due on the principal amount of Rs 2,72,000.00 at the agreed rate of Rs 18% per annum from the date of filing of the suit till payment and/or realization with costs of the suit. 6. Summons for Judgment is accordingly disposed of. 3 Summary Suit is accordingly decreed in the aforesaid terms. Refund of Court Fees be paid in accordance with rules. (V.M. KANADE, J.)