ata 1 958.SS.4466.97.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.4466 OF 1997 Shah and Joshi Ltd .. Plaintiff V/s. M/s.ShreeNathji K.Bhandar .. Defendant _____________________ Ms.Faiza A.Dhanami i/b Dhruve Liladhar and co.for the Plaintiff None for the Defendant CORAM :R.M.SAVANT J. DATE :21st March,2011 P.C.:- The Suit has been filed for recovery of an amount of Rs.3,16,594.60 paisa together with interest at the rate of 24% per annum on the principle sum of Rs.2,00,000/- from the date of filing of the suit till payment and/or realization as per claim annexed at Exhibit ‘F’. 2. In the Summons for Judgment No.186 of 1998 filed by the plaintiff by order dated 17th September, 1999, the defendant was granted unconditional leave and was directed to file Written Statement within eight weeks from 17th September, 1999. No Written Statement has been filed by the defendant. ata 2 958.SS.4466.97.sxw The case of the plaintiff, has therefore gone uncontroverted. On behalf of the plaintiff, the original documents which are inter-alia as under have been filed. i) Purchase Order dated 5th August,1995 of the defendants ii) Plaintiffs’ delivery challan No.167 dated 4th August, 1995. iii) Plaintiffs’ delivery order No.1085 dated 4th August, 1995. iv) Invoice No. RO 10367 dated 4th August,1995. 3. The plaintiff is, therefore, entitled to a decree under Order VIII Rule 10 of Civil Procedure Code in terms of prayer clause (a) with the modification that the plaintiff will be entitled to the interest payable at the rate of 10% per annum. Decree be drawn up accordingly. (R.M.Savant,J.)