1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.394 OF 2008 Shailesh Laxmichand Doshi, Prop. of Shailesh Trading Co. Plaintiff versus Ornate Labs Private Limited Defendant Ms.P.D.Gala for plaintiff. None for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 28th April 2011 JUDGMENT : 1. The plaintiff has filed the present suit against the defendant seeking a decree in the sum of Rs.5,55,128.19 Ps. together with further interest @ 24% p.a. and/or any other rate of interest on the said principal sum of Rs. 3,30,435.09 Ps. from the date of suit till payment and/or realization. 2. The writ of summons has been served on the defendants. The defendant thereafter took out Chamber Summons No.769 of 2008 seeking condonation of delay of four days in filing the appearance/Vakalatnama. On 9th March 2011 the advocate for the defendant informed the Court that the defendant is not coming forward to give any instructions. Even letter written to the defendant by them was returned by the courier with remark "party refused". In view thereof, the Chamber Summons was dismissed for want of prosecution. The suit has now come up for ex-parte decree. The documents are taken on record. Perused the pleadings and the invoices, consignment notes, dishonored cheques, admission of liability dated 22.12.2004 by the defendants and legal notice issued to the defendants. 2 3. In view of sub-Rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 a case is made out for passing the decree. The suit is accordingly decreed as prayed with modification that further interest will be payable at the rate of 18% p.a. on the principal amount of Rs. 3,30,435.09 Ps. from the date of the suit until payment and/or realization. Refund of court fees, if any, as per Rules. 4. The defendant is allowed to take back the original documents after giving duly notarized photostat copies thereof. (S.J.KATHAWALLA, J.)