IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3120 OF 2008 SUMMARY SUIT NO.3120 OF 2008 SUMMARY SUIT NO.3120 OF 2008 M/s.Jivanlal Corporation ..Plaintiff. V/s. M/s.Deepak Tools Heat Treaters P. Ltd...Defendant. Mr.Girish B. Kedia for plaintiff. None for defendant. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. P.C. :- P.C. :- P.C. :- 1. The plaintiff has filed this Summary Suit under Order XXXVII of the Code of Civil Procedure for recovery of Rs.2,60,453/- as more particularly set out in the particulars of claim together with interest @ 21% on the principal sum of Rs.1,94,640/- from the date of filing the suit till realisation of the entire amount. 2. The suit claim arises on account of goods sold and delivered by the plaintiff to the defendant vide four bills in all amounting to Rs.2,24,640/-. 3. In reply to the letter addressed by the plaintiff on 3rd July, 2008, the defendant by E-mail - = : 2 : = - dated 31st July, 2008 admitted the liability and agreed to pay the entire amount in 5-6 instalments. Thereafter, the defendant paid only a sum of Rs.30,000/- but failed and neglected to pay the balance amount. Hence the present summary suit is filed to recover the balance amount of Rs.1,94,640/- with interest as more particularly set out in the particulars of claim. 3. None appears on behalf of the defendant though served. The plaintiff has filed affidavit of service and has also tendered affidavit of documents together with the original documents. 4. In the light of the claim made in the plaint which is undisputed and in the light of the documents tendered, I am of the opinion, the plaintiff is entitled to the decree as prayed. Accordingly, the suit is decreed by ordering and declaring that the defendant is liable to pay to the plaintiff a sum of Rs.2.60,453/- as per the particulars of the claim with further interest @ 21% p.a. on the principal amount of Rs.1,94,640/- from the date of the suit till realisation of the entire amount. 4. Refund of the court fees as per rules. - = : 3 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)