1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.789 OF 2007 M/s. Dilipkumar & Co. ...Plaintiff. Vs. Mr. Kartik Sampat. ...Defendant. .... Mr. Kiran Nikam i/b. M/s. Ashwinikumar & Co. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 18, 2008. P.C.: The claim in the suit under Order 37 of the Code of Civil Procedure, 1908, is for the recovery of the price of goods sold, supplied and delivered. In pursuance of the purchase order placed by the Defendant, the Plaintiff sold, supplied and delivered goods under two invoices dated 25th August 2005. The Defendant handed over a cheque dated 10th October 2005 in the amount of Rs.3,71,996/- which was dishonoured on presentation. The Plaintiff demanded the amount due and outstanding by an Advocate's notice dated 13th February 2007 to which there was no reply. 2 The Defendant has failed to enter appearance despite service of writ of Summons. An affidavit of service has been filed. The Plaintiff has claimed interest at the rate of 30% per annum, which according to the Plaintiff, is the agreed rate under the invoices. The Plaintiff has filed an affidavit in lieu of Examination-in-Chief of its witness and a compilation of the original documents, on the basis of which, the claim has been duly proved. The suit shall accordingly stand decreed in the principal sum of Rs.2,71,996.66. The Plaintiff will, however, be entitled to interest on the aforesaid amount from 9th October 2005 till the date of the institution of the suit, at the rate of 12% per annum and at the same rate, from the date of the institution of the suit until the date of the judgment and from the date of the judgment until payment or realisation. Refund of the Court fees, if any, as per the rules. .....