1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2377 OF 2009 Ravi Steel Industries Plaintiff versus Shree Ambika Aluminium and others Defendants Mr.M.G.Agre i/by G.B.Kedia for plaintiff. None for the defendants. CORAM : S.J.KATHAWALLA, J. DATE : 28th April 2011 JUDGMENT : 1. The present suit is filed by the plaintiff against the defendants seeking a decree in the sum of Rs.4,90,189/- with further interest @ 18% p.a. or such other rate as this Court may deem fit, on the sum of Rs. 3,60,644/- from the date of the suit till payment and/or realization. 2. Vide order dated 7th June 2010 passed in Summons for Judgment No.438 of 2009 this Court granted conditional leave to the defendants to defend the suit. The defendants were directed to deposit Rs.3.00 lakhs on or before 23rd July 2010. Till date the defendants have not deposited the said amount of Rs.3.00 lakhs and have therefore not filed their written statement within the stipulated period. The Prothonotary & the Senior Master has issued a Non Deposit Certificate dated 2nd December 2010 certifying that the defendants have failed to comply with the conditional order dated 7th June 2010. 3. The suit is therefore placed on board under the caption "For Ex- parte Decree". The original documents are placed on record. Perused the pleadings and copies of invoices, delivery challans, dishonoured 2 cheques, plaintiffs advocates notice etc.. 4. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. Decree, as prayed for, is granted with a modification that further interest will be payable @ 18% p.a. from the date of filing of the suit till payment and/or realization. Refund of court fees, if any, as per Rules. (S.J.KATHAWALLA, J.)