1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2397 OF 2007 M/s. Snow White ..Plaintiff. Vs. M/s. Spar International ..Defendant. .... Mr. J.P. Dubey 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, 1908 for the recovery of amounts due for goods sold, supplied and delivered. The Plaintiff is dealing in ready made garments. The Defendant placed purchase orders on the Plaintiff in pursuance whereof the Plaintiff supplied goods of the total value of Rs.1,99,270/- with interest under invoices which have been annexed at Exhibits A-1 to A-9. A sum of Rs.50,000/- is stated to have been paid by the Defendant on 2nd December, 2004. Despite an advocate' s notice dated 26th November, 2006, the amount has 2 not been paid. The principal amount of the invoice is Rs.1,99,270/-. 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.1,99,270/- upon which the Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the respective invoices till 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 rules. 3 *****