- 1 - 24.sj.152.11 ss.587.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 152 OF 2011 IN SUMMARY SUIT NO.587 OF 2011 Hexagon Nutrition Private Limited Formerly known as Hexagon Chemoils Private Limited ..Plaintiff -Versus- M/s.Sampre Nutrition Ltd. ..Defendant .......... Mr.V.K.Sharma for the Plaintiff. Ms.Deepali C. Patil for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH OCTOBER 2011. P.C. 1 The suit is filed to recover the amounts due in respect of the goods sold and delivered as per the terms and conditions contained in three invoices. 2 The receipt of the goods and invoices is not denied. The contention regarding the goods supplied being of inferior quality is not well founded. The contention was taken only in the affidavit-in-reply. In the course of the correspondence, the defendant did not raise any such contention regarding - 2 - 24.sj.152.11 ss.587.11 the quality of the goods. In fact, by a letter dated 13th November 2007, the defendant expressed financial difficulties and promised to pay the balance from December 2007 in monthly installments. This, in fact, also saves the bar of limitation, if any, as the suit is filed on 15th December 2010. Moreover, a cheque issued in the former name of the plaintiff, was dishonoured. The same was replaced by a demand draft. The proceeds of the demand draft were adjusted partly towards each invoice. Therefore, the question of limitation does not arise. The plaintiff has annexed a certificate from the ROC regarding the change in its name. There is no defence to the suit. 3 The suit is, therefore, decreed as prayed. However, the interest shall be at the rate of 18% per annum up to the date of the suit and thereafter at the rate of 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -