1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Suit No.3549 of 1997 Prarthana International .. .. Plaintiffs v/s. Mrs.Rajeshwari, wife of Mr.Eswaran, Properties of Om Jyyappa Tex & anr. .. Defendants Mr.V.V. Kanade with Mr.Aziz Khan i/by M/s.Divya Shah & Asso. for Plaintiffs. Mr.Kishore Hase i/by Mr.Kokitkar for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 15 th September, 2008 P.C. : 1. This Suit is filed upon the contract for purchase of the goods mentioned in the Purchase Orders relied upon by the Plaintiffs. The Plaintiffs have raised the invoices thereupon. The goods are stated to have been supplied after the delivery date. The fact that the goods were to be supplied on or before the specified date showed that the time was the essence of the contract since it related to movable property. The goods under the contract are stated not to have been delivered within time. The goods supplied late are also stated to be of inferior and defective quality and unsuitable for the purpose of the contract. The Plaintiffs, therefore, have sued the Defendants for recovery of Rs.37,82,000 /- as per the particulars of claim, Exhibit- N to the Plaint. 2 2. A writ of summons has been served by Registered Post transmitting on10.10.1997 as per the endorsement of the Sheriff's Bailiff. The registered endorsement is stated to have been lost. The 1 st Defendant has been represented through her Advocate. The 1st Defendant has not filed her Written Statement despite the vakalatnama of the Advocate filed since 20 th January 1998. Consequently, the averments in the Plaint have remained uncontroverted. Decree under the provisions of Order 8 Rules 5(2) and 10 of the C.P.C. is, therefore, required to be passed. The Plaintiffs tender the original documents which are taken on record and marked Exhibit- A (collectively). The Suit is decreed as prayed. [SMT.ROSHAN DALVI, J.]