1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.650 OF 2007 Mandar Pharma. ...Plaintiff. Vs. Care Medical Centre. ...Defendant. .... Mr. Pankaj S. Shah for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908, for the recovery of monies due and outstanding on account of goods sold, supplied and delivered to the Defendant namely, 105 boxes containing 6000 bottles of Zepdyl Cough Syrup. An invoice dated 25th January 2005 in the amount of Rs.2,15,100/- was raised. The Defendant accepted the invoice without raising any objection. The Defendant received the goods which were supplied by the Plaintiff. The Consignor' s copy of the Lorry Receipt duly 2 acknowledged by the Defendant has been placed on the record. Of the consignment of 6000 bottles, the Defendant accepted 3,300 bottles without any objection as to quality, quantity or price. A Credit Note dated 25th January 2006 in the amount of Rs.96,796/- was issued by the Plaintiff leaving a balance of Rs.1,18,305/-. A Demand Draft in the amount of Rs.1,00,470/- issued by the Defendant is stated to have been appropriated against a prior bill dated 11th November 2004 which had remained outstanding. A notice of demand was addressed to the Defendant on 17th July 2006 followed by another letter dated 8th September 2006. The amount due has not been paid. 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 3 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 Rs.1,18,305/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the due date of invoice 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. .....