ash 1 ss-526.04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 526 OF 2004 Vossloh Schwabe (India) Pvt. Ltd. .. Plaintiffs Vs Acme Appliances Pvt Ltd.. .. Defendants -- Shri Archit Jaykar i/by Khaitan & Jaykar for the Plaintiffs. None for the Defendants. -- CORAM ; A.S. OKA, J DATED : 2ND FEBRUARY, 2011 P.C. . The suit is shown under the caption “Ex parte Decree”. The learned counsel appearing for the Plaintiffs pointed out that the Defendants have not entered the appearance within the time stipulated by law from the date of service of writ of summons. 2. The suit is filed for recovery of the price of the goods sold and delivered by the Plaintiffs to the Defendants. The original invoices and lorry receipts are placed on record. 3. In view of Sub-rule(3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiffs are entitled to a decree. In the facts of the case, further interest at the rate of 18% per annum will have to be fixed. 4. Hence, the suit stands decreed in terms of prayer clauses (a) and ash 2 ss-526.04 (b) with modification that further interest at the rate of 18% per annum will be payable on the principal amount from the date of the suit till realization or deposit of the amount. 5. The Plaintiffs will be entitled to refund of the Court fees as per the rules. ( A.S. OKA, J )