1 92 sj.196.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 196 OF 2010 IN SUMMARY SUIT NO. 2809 OF 2007 Chandur Moriani. ... Plaintiff. Versus Vinod Gada. ... Defendant ----- Ms. Shilpa Goenka i/b M.M. Legal Associates for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 The learned counsel appearing for the Plaintiff states that summons for judgment has been served on 8 th June, 2010 and there is no reply filed by the Defendant. The learned counsel appearing for the Plaintiff has placed on record the original documents. The suit is for recovery of the price of goods sold and delivered. Reliance is placed on various invoices and delivery challans the originals of which have been produced on record. 2 92 sj.196.10 2 Notice of demand was issued by the advocate for the Plaintiff to the Defendant. There was a reply sent by the advocate for the Defendant in which it is contended that the goods were defective. 3 As there is no reply filed, in view of the documents on record and clause (a) of sub-Rule 6 of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a judgment. 4 Interest is claimed at the rate of 18% per annum on the basis of the clause in the invoices. Considering the facts of the case, further interest deserves to be granted at the rate of 12% per annum. 5 Summons for judgment is accordingly made absolute with modification that interest on the sum of Rs.1,45,061/- will be payable at the rate of 12% per annum from the date of filing of the suit till payment or realization thereof. 6 The Plaintiff will be entitled to refund of Court-fees, if any, in accordance with rules. [ A.S.OKA, J ]