IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.817 OF 2007 Kohinoor Crane Service. ...Plaintiff. Vs. Hameed & Company (Engineers) Pvt.Ltd. ...Defendant. .... Mr. S.A. Shetty i/b. Shetty & Asso. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908, for the recovery of hire charges in respect of cranes supplied by the Plaintiff to the Defendant. On 31st March 2005, 30th April 2005 and 11th August 2005, the Defendant had placed three work orders for hiring cranes from the Plaintiff. The work orders were received by the Plaintiff at the usual place of business at Mumbai and the cranes in accordance with the requirements of the Defendant were supplied by the Plaintiff. On 13th April 2006, the Defendant issued a communication and a confirmation that an amount of Rs.31,16,998/- was due and payable to the Plaintiff after discount and deduction of TDS. The Defendant agreed to pay a sum of Rs.8 lakhs by 15th April 2006 and the balance in three instalments as reflected in the letter of confirmation. An amount of Rs.8 lakhs was paid on 15th April 2006 and an amount of Rs.6 lakhs on 20th July 2006, leaving a balance of Rs.17,16,998/-. Thereafter, a further amount of Rs.10,31,450/- became due and payable under invoices dated 30th April 2006, 31st May 2006 and 4th July 2006. As of 22nd July 2006, a confirmation was issued by the Defendant stating that an amount of Rs.28,16,998/- was due and payable. In a further affidavit dated 17th December 2007, it has been stated that after the institution of the suit on 12th March 2007, the Defendant has paid a total sum of Rs.9 lakhs on 10th May 2007 and 3rd July 2007. The claim in the suit has been restricted to an amount of Rs.18,48,448/- after giving due credit for the amount of Rs.9 lakhs received after the institution of the suit. The particulars of claim are contained in Exh.K to the Plaint. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the sum of Rs.18,48,448/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the institution of the suit until payment or realisation. The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....