1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.58 OF 2007 Madura Coats Private Limited ..Plaintiff. Vs. Bhoormal Jain ..Defendant. .... Mr. Kiran Mohite i/b Nivit Srivastava for the Plaintiff. None or the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : 1. The suit has been instituted for the recovery of the price of goods sold, supplied and delivered. Goods were delivered by the Plaintiff to the Defendant of a total value of Rs.2,58,313.06 under ten invoices between 28th December, 2003 and 30th January, 2004. The goods were delivered to the Defendant under delivery challans on 29th and 31st December, 2003 and 2nd February, 2004 respectively. It has been stated that the Defendant accepted the goods without any demur as regards the quality and quantity of the goods supplied. An amount of Rs.10,102.38 was paid by the 2 Defendant on 20th December, 2004 against invoice T-20700 which has been adjusted. Despite an advocate' s notice dated 13th December, 2006 the balance due and outstanding has not been paid. 2. The Defendant has been served with the writ of summons by a substituted service and an affidavit of service has been filed. The Defendant having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon failure of the Defendant to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed in the principal sum of Rs.2,52,738/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the respective invoices to the date of the institution of the suit and at the same rate thereafter until payment or realization. There shall be a refund of Court fees, if any, as per the 3 rules. *****