abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 498 OF 2007 IN SUMMARY SUIT NO. 3100 OF 2006 M/s Goldwin Medicare Ltd. .. Plaintiffs V/s M/s Rajesh Medical Service .. Defendants Mr.S.N. Manoti for the Plaintiffs. Mr.Pankaj Das i/b Parulekar & Associates for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 2008 P.C. P.C. P.C. : 1. The suit is for the goods sold and delivered by the Plaintiffs to the Defendants. The transaction is admitted. The receipt of the goods is admitted. The invoices and the delivery challans are admitted. It is only contended that some of the goods supplied under other transactions were defective and that the supplies made under the suit invoices were agreed to be adjusted for the value of such defective goods. There is not a - 2 - single letter in the past raising such a contention. There is nothing on record which supports the same. 2. There is however no provision for interest in the bills. Interest was claimed only by the Plaintiffs’ advocate’s notice dated 10th June 2006. Incidentally, there was no reply to this notice of demand either. 3. In the circumstances, there is no defence to the suit. 4. The Summons for Judgment is made absolute and the suit is decreed in the sum of Rs.87,854/- together with interest thereon at the rate of 12% per annum from 10th June 2006 till payment and/or realisation. Refund, if any, as per rules.