1 27.sj.89.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.89 OF 2011 IN SUMMARY SUIT NO.15 OF 2011 M/s. Swagat Apparels and ors .. Plaintiffs versus M/s.S.K. Collection ..Defendant -------------------------- Ms.Shyamli Hajela i/by H & M Legal Associates,for the Plaintiff. None for the Defendant. CORAM: S.J.VAZIFDAR, J. DATED: JUNE 8, 2011 P.C. The Suit is filed to recover a sum of Rs.62,385/- together with interest thereon at the rate of 24% p.a. 2 The Suit is filed to recover the price of goods sold and delivered by the Plaintiff to the Defendant on the terms and conditions contained in the invoices and delivery challans. The invoices stipulate the rate of interest of 24% p.a. 3 The two cheques towards part payment were dishonoured. In the affidavit in reply, it is contended that some of the goods were returned and that the amount in respect of the remaining goods was 2 27.sj.89.11.sxw paid in cash. There is however no evidence in support thereof. 4 There is therefore no defense to the Suit. In the circumstance, the Summons for Judgment is made absolute and the Suit is decreed as prayed. However, interest shall be only on the basis of simple interest. Further interest after the date of Suit shall be at the rate of 12% p.a. Costs to be quantified as per Rules. Refund of Court Fees, if any, as per Rules.