1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3075 OF 2008 M/s. Orson Chemicals .... Plaintiff V/s. Mahdeo Marmo Pvt. Ltd. .... Defendant ..... Mr.Q.M.Ashfaq for the plaintiff. None present for the defendant. ..... CORAM : R. V. MORE, J. DATE : 16TH FEBRUARY, 2010. P.C. : 1. 1. The above suit is filed under the Provisions of Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 against the defendants for recovery of an amount of Rs.3,01,919.80 Ps. alongwith interest @18% p.a. on principal sum of Rs. 2,19,100/- from the date of suit till its realisation. The writ of summons alongwith true copy of the plaint was served upon 2 the defendants on 19th December 2009 and service affidavit to that effect is also filed. However, the defendant has not appeared in the matter. Therefore, this Court is constrained to proceed with suit in the absence of the defendants. 2. The plaintiff is a registered partnership firm, carrying on business of trading chemicals and resins for industrial use and supply of chemicals and other allied products under the name and style of M/s.Orson Chemicals. The defendant is a Private Limited Company, registered under the Companies Act, 1956. The Directors of the Company viz. Mr.Shankar Shinde and Mr.Narpat Singh approached the plaintiff and proposed to do business with the plaintiff since the defendants were in need of industrial chemicals/resins in which the plaintiff firm has been dealing. 3. In accordance with the negotiations and as per the order of the defendant, the plaintiff supplied and delivered goods to the defendants and the defendants accepted the goods valued Rs.3,61,174.00 under Tax Invoice No. 000215 dated 24th June 2006 and the same were received by the defendants in good 3 condition. The defendant, in discharge of their liability, made partial payment of Rs.1,42,074.00 towards the above stated invoice by cheque keeping a balance of Rs.2,19,100.00 due. Since, this balance amount was not paid by the defendant, the plaintiff issued demand notice dated 30th July 2007 to the defendant. This notice was not even replied by the defendant. 4. In the circumstances, the plaintiff was constrained to file the abovesaid suit for recovery of amount as mentioned above. 5. The plaintiff has tendered the compilation of original documents, I have gone through the original documents. The said documents support the plaintiff's averments in the plaint. In that view of the matter and in the light of provisions of Order-XXXVII, Rule-2(3) of the Code of Civil Procedure, 1908, the defendant is deemed to have admitted the plaintiff's averments made in the plaint. Suit is therefore decreed as prayed for. Decree be drawn up accordingly. Refund of the Court fees as per rules. (R. V. MORE, J.) 4