-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDNARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3148 OF 2008 M/s. Orson Chemicals. ..Plaintiff. Versus Chirag FPR Industries & Ors. ..Defendants. Mr. Q. M. Ashfaq for the plaintiff. Coram : R. V. MORE, J. Date : February 16, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 against the defendants for recovery of an amount of Rs.9,14,744.96 paise alongwith interest @18% p.a. on the principal sum of Rs.6,50,601/- from the date of suit till its realisation. The writ of summons alongwith true copy of the plaint was served upon the defendants on 19th December 2009 and service affidavit to that effect is also filed. However, the defendants have not appeared in the matter. Therefore, this Court is constrained to proceed with the suit in the absence of defendants. 2. The plaintiff is a registered partnership firm carrying on business of trading in chemicals and resins for industrial use and supply of chemicals and other allied products. Defendant no.1 is a partnership firm of which defendant nos. 2 & 3 are the partners. Defendant nos. 2 & 3 approached the plaintiff and showed their interest of doing business with the plaintiff. 3. In accordance with the negotiations and as per the order of the defendants, the plaintiff sold, supplied and delivered goods to the defendants and the defendants accepted the goods under Tax Invoice No. 000213 dated 22nd -: 2 :- June 2006 for the sum of Rs.13,94,763/-. Out of the said invoice amount, a sum of Rs.7,44,162/- was paid by the defendants and balance amount of Rs. 6,50,601/- was due from the defendants to the plaintiff. Since, this balance amount was not paid by the defendants, the plaintiff issued final reminder notice dated 24th March 2008. The said notice though served, no payment was made and the plaintiff was only assured that within a short time the payment will be made. The plaintiff also issued demand notice dated 11th April 2008 which was duly received by the defendants, but not replied by them. In the circumstances the plaintiff was constrained to file the abovesaid suit for recovery of the amount as mentioned above. 4. The claim in the suit is based on written contract and is within limitation. The plaintiff has relied upon compilation of original documents. I have gone through the same. The said documents support the plaintiff’s averments in the plaint. The defendants having failed to enter appearance, the plaintiff would be entitled to decree under the provisions of Order-XXXVII Rule-2(3) of the Code of Civil Procedure, 1908. The suit shall stand accordingly decreed in the principal sum of Rs. 6,50,601/- upon which the plaintiff would be entitled to interest @12% p.a. from the due date of invoice until the date of suit and thereafter at the same rate until the payment /realisation. There shall be refund of Court fees, if any, as per the Rules. (R.V. MORE, J.)