sj197-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa SUMMONS FOR JUDGMENT NO. 197 OF 2010 IN SUMMARY SUIT NO. 1607 OF 2001 PENTA CANS .. Plaintiffs V/s. Stella Industries Pvt. Ltd. .. Defendants .... Mr. Chetan Kapadia a/w. Mr. Gaurav Pandharkame i/b. M/s. K. Ashar & Co. for the plaintiffs. None for the defendants. .... CORAM : A. S. OKA, J. DATE : JANUARY 21, 2011. P.C. Heard the learned counsel appearing for the plaintiffs. He states that summons for judgment has been served to the defendants in June 2010, and affidavit of service has been filed to that effect. There is no reply filed by the defendants. The suit is for recovery of the price of the goods sold and delivered to the defendants. The claim is based on invoices raised by the plaintiffs upon the defendants. The original invoices and correspondence between parties is placed on record. sj197-10 2. The Plaintiffs are claiming further interest at the rate of 18% per annum. The invoices stipulate interest at the rate of 24% per annum. In view of clause (a) Sub Rule 6 of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiffs are entitled to a decree. 3. Accordingly, summons for Judgment is made absolute and the suit stands decreed as prayed. 4. It will be open for the plaintiffs to proceed against the amounts deposited by the defendants which are pending in this Court by filing application for execution. To enable the plaintiffs to do so, the defendants shall not withdraw the said amounts for a period of three months from today, if not withdrawn till date. 5. Plaintiffs will be entitled to refund of Court fees as per Rules. JUDGE