IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.536 OF 2007 M/s. Sanghavi Brothers & Co. .. Plaintiff. Vs. M/s. Rolson International ..Defendant. .... Mr. Sualesh Nagvadaria for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th March, 2008. P.C. : 1. The Suit has been instituted under Order 37 of the Code of Civil Procedure for the recovery of the price of goods sold, supplied and delivered. The goods were delivered by the Plaintiff to the Defendant under an invoice dated 21st December, 2004 in the amount of Rs.72,450/- While forwarding the relevant G- Form for the purpose of the Bombay Sales Tax Act 1959, the Defendant has acknowledged its liability in respect of the invoice that forms the subject matter of the suit. The delivery challans are at Exhibits B and C and thereafter though there was an advocate's notice dated 26th April, 2006 there was no reply thereto. 2. The Defendant has been served with the writ of summons and has failed to enter appearance. The suit has accordingly been listed for an ex-parte decree. The claim of the Plaintiff falls within the purview of Order 37 of the Code of Civil Procedure, 1908 and is within limitation. Since the Defendant has failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents on the basis of which the claim is proved. The suit shall accordingly stand decreed in the principal sum of Rs.72,450/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the invoice until the date of the institution of the suit and at the same rate from the date of the institution of the suit until payment or realization. The Plaintiff will be entitled to costs of the suit. *****