IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.777 OF 2007 Amit Kapoor ..Plaintiff. Vs. Guffran Ahmed Sheikh ..Defendant. .... Ms. Usha Rahi i/b Sanjeev R. Singh Associates for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th February, 2008. P.C. : The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.1,10,000/- with further interest on the principal sum of Rs.73,715/-. The Plaintiff was approached by the Defendant for carrying out printing work on fabric to be supplied by the Defendant. The Plaintiff has averred that the fabric supplied by the Defendant was duly printed upon and the printed fabric was delivered to the Defendant between 21st February, 2004 and 1st March, 2004. The delivery challans are at Exhibits G to K to the Plaint. The Plaintiffs forwarded their invoices dated 21st February and 1st March, 2004 respectively for an aggregate value of Rs.73,750/-. There is an averment that the Defendant has duly received the printed goods and bills / invoices and that no objection has been raised to the quality, quantity or rate. An advocate's notice was issued to which there was no reply. The Defendant has been served with the writ of summons and has failed to enter appearance. The claim of the Plaintiff arises under a written contract which is evidenced by the invoices and delivery challans. The claim therefore falls within the purview of Order 37. Since the Defendant has failed to enter appearance despite service of the writ of summons, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The claim is within limitation. The Plaintiff has relied upon a compilation of the original documents on the strength whereof the claim is proved. The suit is accordingly decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum from the respective due dates of the invoices until the date of the suit and at the same rate from the date of the suit until payment or realization.