1 ss-1985-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 1985 OF 2007. Manjula Jethalal Morbia, carrying on business in the name & style of “M/s. Kishor Transport Company” previously at A-12/13, Kailash Plaza, Vallabh Baug Lane, Ghatkopar (East), Mumbai-400 075 and at present at A-303/311, Kailash Plaza, Vallabh Baug Lane, Ghatkopar (East), Mumbai-400 075. ..Plaintiff. vs. 1. Jalaram Construction Company, partnership firm carrying on business at 27, Tulsi Bhawan, 3rd floor, near Station, Opp. Kohinoor College (Corner Room), Dadar (West), Mumbai-400 028. 2. Vijaykumar Nanubhai Suthar. 3. Maheshkumar Nanubhai Suthar 4. Lalitaben Nanubhai Suthar 5. Akshaykumar Nanubhai Sutha, All residing at 8, Neelkanth, Jethabhai Lane, Ghatkopar (East), Mumbai-400 077. ..Defendants. .... Mr. M.J. Devani, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST JUNE 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendants for a sum of Rs.93,662.75 together with further interest due on principal amount of Rs.93,662.75 at the rate of 18% per annum from the date of filing of the Suit till payment 2 ss-1985-07 and/or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed their appearance. The Plaintiff therefore took out Summons for Judgment being No. 79 of 2008. By an Order dated 31st August 2009, this Court granted conditional leave to the Defendants to defend the Suit subject to them depositing a sum of Rs.1,00,000/- within a period of twelve weeks. An Appeal was filed therefrom by the Defendants. By an order dated 2nd March 2010, time was extended upto eight weeks from the date of the order for making the payment. 2. The learned Counsel appearing for the Plaintiff stated that the Defendants have not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 25th August 2010 is placed on record. The said certificate records that the Defendants has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on six invoices towards transportation charges. The Plaintiff has placed the documents on record. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendants in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiff has claimed interest at the rate 18% per annum on the sum of Rs.93,662.75 at the time of hearing of the 3 ss-1985-07 Summons for Judgment. The transaction between the parties is a commercial transaction. Hence, I pass the following order : (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiff a sum of Rs.93,662.75 (Rupees Ninety Three Thousand Six Hundred Sixty Two And Seventy Five) and simple interest thereon at the rate of 18% per annum from the date of the decree till payment or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Summons for Judgment is accordingly made absolute and the Suit stands disposed of. Issuance of certified copy of the Decree is expedited. [ S.J. KATHAWALLA, J. ]