- 1 - 12.ss.530.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.530 OF 2011 M/s.S.J.Overseas ..Plaintiff -Versus- M/s.Leena Denim Ltd. ..Defendant .......... Mr.Y.P.Yagnik for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH OCTOBER 2011. P.C. 1 The suit is filed to recover the dues in respect of the goods sold and supplied under the terms and conditions contained in the invoices. The receipt of the goods by the defendant has been evidenced by the delivery challans. The defendant has not filed an appearance. The defendant is absent. 2 A compilation of documents is tendered by the plaintiff in Court, is taken on record and marked “X” collectively. 3 There is nothing on record that militates against the plaintiff’s claim. - 2 - 12.ss.530.11 There is a fit case to accept the averments and submissions in the plaint as correct. 4 The learned counsel appearing on behalf of the plaintiff fairly states that through inadvertence, the amount mentioned in the suit as Rs. 1,62,991/- with further interest at 18% p.a. on the the principal amount of Rs.94,860/- is incorrect. The learned counsel further states that the interest has been calculated from the wrong date. He, therefore, seeks to reduce the claim to Rs.1,28,841/- from the amount originally claimed of Rs. 1,62,991/-. The same actually makes no difference. I intend granting interest for a reduced period i.e. from the date of the notice demanding payment viz. 22nd November 2009. 5 In the circumstances, the suit is decreed in the sum of Rs.94,860/- with interest thereon at 15% p.a. from 22nd November 2009 till the date of the suit and thereafter at 12% p.a. and for costs. Costs to be quantified as per Rules. Refund of court fee, if any, as per rules. -