1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summary Suit No. 3135 of 2009 Mahendrakumar & Company (Textiles) Pvt. Ltd. .. Plaintiffs v/s. Ramesh Kotian ..Defendant Mr.Deepak Khilari i/b.K.N.Mehta for the Plaintiffs. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 6th April, 2010 P.C. : 1. Suit is taken up for ex-parte decree. Original documents are filed. Heard learned Advocate for the plaintiffs. Plaintiffs have sold goods to the defendant as set out in the invoices which are mentioned in the particulars of claim. The defendant has received the goods. This is being stated on the basis of delivery challans which are produced. Delivery challans are duly signed by the defendant. The defendant has failed to make the payment. Hence the claim. 2 2. Interest at the rate of 24% per annum is charged on the invoice amount, as per the terms and conditions set out in the reverse of the invoices. 3. As the amounts have not been paid plaintiffs are entitled to decree as prayed for so far as the principal amount of Rs.8,69,566/-. 4. So far as the interest from the date of filing of the suit upto the passing of the decree, the plaintiffs will be entitled to get interest at the rate of 24%. So far as the interest from the date of decree till realization the interest should be at the rate of 12% per annum. Hence the following order is passed. ORDER i) Defendant do pay to plaintiffs Rs.8,69,566/- as and by way of principal amount. ii) Defendant do pay to plaintiffs interest at the rate of 24% per annum on Rs.6,29,897.60 from the date of filing of the suit upto the date of 3 decree. iii)Defendant do pay to plaintiffs interest at the rate of 12% per annum on Rs.6,29,897.60 from the date of decree till realization. iv) Defendant do pay to plaintiffs costs of this suit. v) Refund of Court fees granted as per rules. [R.Y.GANOO, J.]