- 1 - 5.ss.3010.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3010 OF 2010 Blue Lotus Jewellery Pvt. Ltd. ..Plaintiff -Versus- D.C. Gold ..Defendant .......... Mr.Pankaj Bafna for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 20TH OCTOBER 2011. P.C. 1 The suit is filed to recover the dues in respect of the goods sold and delivered to the defendant by the plaintiff under the terms and conditions contained in the invoices. There is no provision for interest. However, interest was demanded by a notice dated 10th August 2010 at 18% per annum. There is no reply to the plaintiff’s advocates’ notice demanding payment. 2 The defendant has not filed an appearance. A compilation of documents is tendered by the plaintiff in Court, is taken on record and marked “A” collectively. - 2 - 5.ss.3010.10 4 There is nothing on record that militates against the plaintiff’s claim. This is a fit case to accept the averments and submissions in the plaint as correct. 5 The plaintiff sought to lead evidence by filing an affidavit in lieu of examination-in-chief dated 28th June 2011. Considering the facts of the case and that the defendant has not denied the claim, I did not consider it necessary to permit him to do so. 5 In the circumstances, the suit is decreed in the sum of Rs.5,22,844/- together with interest at 18% per annum from 10th August 2010 till the date of filing of the suit and thereafter at 12% per annum after the date of filing of the suit. Costs to be quantified as per Rules. Refund of court fee, if any, as per Rules. -