1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 177 OF 2008 IN SUMMARY SUIT NO. 1971 OF 2007 M/s Soflene Textiles Pvt. Ltd. ... Plaintiff. Vs. M/s Ssapp Overseas Pvt.Ltd. ... Defendant. ---- Mr. R.V.Yadav, for the Plaintiff. Mr. Lalit Jain, for the Defendant. ---- CORAM: S.J. VAZIFDAR, J. DATED: 27TH JULY, 2009 P.C.: 1. The Suit is filed to recover an amount of Rs.2,46,647/- together with interest at 24% per annum on the principle sum of Rs.1,43,804/- from the date of filing of the suit till payment and/or realisation thereof. The suit is filed to recover the price of the goods sold and delivered on the terms and conditions contained in the suit invoices. The application for adjournment is rejected. 2. To the plaintiff’s Advocate notice dated 24th February 2006 demanding payment, the defendant’s Advocate by his reply dated 9th March, 2006, inter alia, stated that the goods were of inferior quality and were, therefore, returned. 3. There is nothing on record which proves return of the goods by the 2 defendant to the plaintiff. The receipt of the goods is therefore admitted. There is no affidavit in reply. 4. The learned Advocate appearing on behalf of the defendant, however, denies that this court has jurisdiction. This being a question of law based on the record I permitted him to raise if though no reply is filed. The contention is based on the following terms in the invoices: “The goods are sold subject to the rules and regulations pertaining to the trade in art silk fabrics decided jointly by the Silk Merchants Association, Shree Market Silk Merchants and Swadeshi Market Textile Merchants Association and any dispute in this transaction shall be referred to the SILK MERCHANTS ASSOCIATION for decision.” 5. The clause does not bar the jurisdiction of this court. It was submitted, however, that the claim ought to have been filed before the Silk Merchants Association. There is no application for referring the matter to arbitration. There is in any event no dispute as there is no affidavit in reply. 6. However, there is no provision for interest in the invoices. Thus the plaintiff shall be entitled to interest only from the date of the Plaintiff’s Advocate notice dated 24th February 2006 demanding payment and interest. 7. The Summons for Judgment is therefore made absolute and the suit is decreed only for the principle sum of Rs.1,43,804/- together with interest @ 12% per annum from 24th February 2006 till payment and/or realisation thereof and costs. Refund as per rules. 3