kbp 1 571-03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.571 OF 2003 Deepak M.Thakker ..Plaintiff Vs. Pooja Poultry Farm ..Defendant ......... Ms.Gunjan Shah i/b.Arvind Rathod & Co, for plaintiff. ......... CORAM : A.S.OKA, J.. DATE : 25th November, 2009. P.C. : 1] The suit is shown under the caption “for ex-parte decree” . The summons under the Sub-Rule 2 of the Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as “the said Code”) has been duly served to the defendant. The defendant has not entered the appearance within the time stipulated by law. The suit is for recovery of the price of the goods sold, supplied and delivered by the plaintiff to the defendants. Reliance is placed on a bill dated 9 th August, 2000. The plaintiff is relying upon a letter of confirmation of balance dated 31 st March, 2001 sent by him to the defendant. The case of the plaintiff is that on 9 th January, 2002 the defendant has signed the said letter in token of confirmation of balance. The said original documents have been placed on record. kbp 2 571-03.sxw 2] In view of the Sub-Rule 3 of the Rule 2 of the order XXXVII the said Code, the plaintiff is entitled to a decree as prayed. The plaintiff has prayed for further interest at the rate of 24% per annum. Considering the facts of the case, the same deserves to be fixed at 12% per annum. 3] Hence, I pass the following order:- (a) The suit is decreed as prayed for in paragraph 17 of the plaint with modification that the further interest shall be payable at the rate of 12% per annum on the sum of Rs.84,850/- from the date of filing of the suit till the payment or realisation. (b) The plaintiff shall be entitled to refund of court fees as per the rules. ( A.S.OKA, J. )