1 ss632-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.632 OF 2011 M/s.R. Desai Paper Marketing Pvt. Ltd. ....Plaintiff V/s. Sharprints & Packaging & Ors. ....Defendants Mr.H.V. Chande for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2011. P.C. :- 1. The plaintiff has filed this suit for over due interest in respect of the price of the goods sold and delivered by the plaintiff to the defendants on the terms and conditions contained in the invoices. 2. The invoices provide for payment within sixty days and for interest at 21% p.a. for any delay thereafter. The receipt of the goods and appropriation thereof by the defendants is not disputed. In fact the plaintiff was entitled to adjust the amount first towards the interest. There is no reply to the notices demanding payment. 3. There is nothing on record that militates against the plaintiff’s claim in suit. There is no reason to disbelieve the submissions and averments in the plaint. 2 ss632-11 4. The plaintiff has filed a compilation of the original documents. The same is taken on record and marked Exhibit “A” collectively. 5. In the circumstances, the summary suit is decreed as prayed. However, interest after the date of filing of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.