1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1475 OF 2007 Bharat Jyoti ..Plaintiff. Vs. M/s. Alpha Amines Pvt. Ltd. ..Defendant. .... Mr. G. Krishna Mohan Nair for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th February, 2008. P.C. : 1. The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.4,05,120/- with further interest on the principal sum of Rs.2,98,760/-. The Plaintiff sold, supplied and delivered goods to the Defendant in pursuance of a purchase order dated 12th September, 2005. The invoices are at Exhibits B and C to the Plaint. The goods were delivered to the transporter under a lorry receipt dated 15th September, 2005 which is annexed at Exhibit D to the Plaint. The Defendant has made part payment of an amount of Rs.50,000/- under cover of a letter dated 4th December, 2006. No dispute has been raised in regard to the balance of the dues. 2 2. The Defendant has failed to enter appearance despite service of the writ of summons. An affidavit of service has been filed. Since the Defendant has failed to enter appearance, the Plaintiff would be entitled to a decree as prayed under Order 37 Rule 2(3). The claim falls within the purview of Order 37 and is within limitation. The suit is accordingly decreed in the principal sum of Rs.2,98,760/-. The Plaintiff would be entitled to interest at the rate of 9% per annum from the due dates of the respective invoices until the date of the suit and at the same rate from the date of the suit until payment or realization.