1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2203 OF 2007 Ganpatraj Kumbhraj Sanghvi. ...Plaintiff. Vs. Joy Daniel. ...Defendant. .... Mrs. H.H. Chande for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 15, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted for the recovery of the balance price due and outstanding in respect of goods sold, supplied and delivered. The Plaintiff supplied goods to the Defendant of a value of Rs.55,010/- under an invoice dated 29th July 2004. The goods were delivered under a delivery note dated 29th July 2004. The Defendant signed the delivery challan in token of receipt. An amount of Rs.19,010/- was paid on 2nd March 2005 leaving Rs.36,000/- in balance. Two 2 cheques dated 28th March 2005 each for Rs.18,000/- were dishonoured on presentation by the Bankers. The amount has not been paid despite notice of demand. The Defendant has failed to enter appearance despite service of the writ of Summons. The Plaintiff has placed on the record an affidavit of service and a compilation of the original documents. Since the Defendant has failed to enter appearance despite service, the Plaintiff is entitled to a decree under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit is accordingly decreed in the amount of Rs.36,000/- upon which the Plaintiff will be entitled to interest at the rate of 9% per annum from the due date until the date of the institution of the suit and at the same rate from the date of the suit until payment or realisation. Refund of Court fees, if any, as per rules. 3 .....