1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2414 OF 2008 Maxwell Industries Ltd. .... Plaintiffs. V/s Yogender Gauri Shanker Gupta Prop. of M/s Sanchit Hosiery .... Defendants. Mr. Gaurav Agarwal i/b M/s. JPS Legal for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 30 th September, 2009 P.C.: 1. Heard Counsel for plaintiffs. None appears on behalf of defendants though they are served. 2. Plaintiffs have filed affidavit of service. Plaintiffs have filed this summary suit for recovery of an amount of Rs 5,30,717.00 along with interest @ 18% p.a on the principal 2 amount of Rs 4,03,296.00. Plaintiffs are manufacturers and dealers of ready-made garments and are selling their products under their brand name “VIP”. Defendants, during the course of business, placed orders with plaintiffs and plaintiffs, from time to time, have supplied various products manufactured by plaintiffs. 3. Accordingly, plaintiffs supplied required goods to defendants. The supplies were made under invoices-cum- challans which were duly received and accepted by defendants. Defendants have made their endorsement on the said invoices- cum-challans. Plaintiffs in this manner supplied various goods and raised 28 invoices. Though defendants were asked to pay the said amount which was due and payable for the goods supplied and which were accepted by defendants, defendants neglected and failed to make any payment to plaintiffs. 4. Since no appearance has been filed by defendants, averments made in the plaint are uncontroverted. Plaintiffs, therefore, are entitled for judgment and decree in terms of prayer clause in para 14 of the plaint. 5. Suit is accordingly decreed in terms of prayer clause 3 in para 14 of the plaint. There shall be refund of court fees as per rules. 6. Certified copy is expedited. (V.M. KANADE, J.)