1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1707 OF 2007 M/s. Steel-o-Fab Engineers. ...Plaintiff. Vs. M/s. Sarman Engineer Pvt. Ltd. ...Defendant. .... Mr. Vijay M. Vaghela for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been instituted for the recovery of an amount due in respect of goods sold, supplied and delivered. The cheque issued by the Defendant was dishonoured. The principal sum due is Rs.80,100/- on which interest has been claimed at the rate of 18% per annum. The Plaintiff supplied two Gear Boxes to the Defendant 2 against an order dated 17th October 2005. The goods were received in due order under a delivery challan dated 24th November 2005. The Defendant furnished a cheque dated 26th December 2005 in the amount of Rs.80,100/- which was dishonoured by the Bankers for insufficiency of funds. Despite an Advocate's notice dated 12th June 2006, the amount has not been repaid. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the amount of 3 Rs.80,100/- upon which the Plaintiff would be entitled to interest at the rate of 12% per annum from the date of dishonour of the cheque, namely 1st January 2006, until the date of the institution of the suit and at the same rate from the date of the suit, until payment or realisation. The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....