1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.105 OF 2007 M/s. Mazda Travels Pvt. Ltd. ..Plaintiff. Vs. Country Club (A division of Country Club (I) Ltd.) ..Defendant. .... Ms. Bharti Narichania i/b Vibha Jurisconsult Co. for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : 1. The Suit under Order 37 has been instituted in order to recover an amount of Rs.70,167/- together with interest. The Plaintiff carries on business as a travel agent and on the instructions of the Defendant air tickets were issued by the Plaintiff in respect whereof five invoices were raised between 3rd January, 2004 and 31st January, 2004. Despite the letters at Exhibit B-1 to B-4 and advocates' notices dated 11th September, 2006, 26th October, 2006 and 28th December, 2006, the amount due has remained to be paid. The Defendants by their letters dated 26th 2 March, 2007 and 2nd July, 2007 purported to offer an amount of Rs.43,091/- by demand draft in full and final settlement. This offer was rejected by the Plaintiff on the ground that it was not a full payment of the outstandings. 2. The Defendants having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon failure of the Defendants to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****