- 1 - 17.ss.175.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.175 OF 2011 Shreyas Packaging ..Plaintiff -Versus- Max Foods ..Defendant .......... Mr.Suneel D. Mogre for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 26TH AUGUST 2011. P.C. 1 The suit is filed to recover the amount due under thirteen invoices raised by the plaintiff on the defendant pursuant to purchase orders. 2 No payment was made in respect of any of the invoices despite repeated demands. The defendants has also acknowledged the correctness of the amount claimed by the plaintiff’s advocates’ letter dated 11th April 2010 by endorsing the same as a foot thereof. The compilation of documents is tendered in Court. The same is taken on record and marked ‘A’ colly. - 2 - 17.ss.175.2011 3 The defendant has not filed an appearance. There is nothing on record that militates against the plaintiff’s claim. This is a fit case to accept the averments and submissions contained in the plaint as correct. There is no defence to the suit. The invoices stipulate the rate of interest at the rate of 24% percent per annum. 4 In the circumstances, the suit is decreed as prayed. However, the interest after the date of the suit is at the rate of 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. 5 The plaintiff shall be entitled to withdraw the original documents upon substituting the same with xerox copies thereof, certified by the plaintiff’s advocate to be true copies. However, this shall be done only after the expiry of the period of limitation for filing an appeal against this order and for a further period of four weeks thereafter. -