1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3335 OF 2008 Novartis India Limited ...Plaintiff vs. M/s.Pioneer Feeds and Poultry Products & Ors. ...Defendants Mr.Ajit N. Makhijani i/b. M/s.M.M. Legal Associates for the Plaintiff. None for the Defendants. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 1, 2009 P.C. :- 1 Heard Counsel for the plaintiff. He has filed affidavit of examination-in-chief of the Constituted Attorney of the plaintiff dated 1.9.2009. It is taken on record. The plaintiff has also filed compilation of original documents on which reliance is placed by the plaintiff. The plaintiff has filed the summary suit against the defendants for recovery of an amount of Rs. 18,00,247/- with future interest at the rate of 24% 2 per annum on the principal sum of Rs.13,69,773/-. 2 It is the case of the plaintiff that the defendant no.1 is a partnership firm and defendant Nos.2, 3 and 4 are partners of defendant no.1. The plaintiff sold, supplied and delivered to the defendants its various products as per the orders placed by the defendants and through five invoices various products for a sum of Rs.15,99,624/- were supplied and delivered to the defendants. The said invoices were accepted by the defendants and the delivery also was accepted. The plaintiff has relied on three lorry receipts. So far as two other lorry receipts are concerned, according to the plaintiff, the said original lorry receipts have been misplaced and it has relied on the said photocopies of the said receipts viz. photocopy of Lorry Receipt No. 10216 dated 24.3.2007 of M.G.M. Travels and photocopy of the Lorry Receipt 360358904 dated 21.3.2007. It is submitted by the plaintiff that in spite of best efforts being taken, the said original 3 documents could not be traced and therefore, has submitted relevant xerox copies of the said documents. Affidavit filed by one Franco Dias, Constituted Attorney of the plaintiff company is supposed to be filed in the affidavit of Chamber Summons. This affidavit is taken on record and marked Exhibit-P. 3 In view of the statement made by the said Constituted Attorney of the plaintiff Franco Dias, it has been established that the said two lorry receipts could not be found and therefore, the plaintiff is permitted to bring on record the said true xerox copies of the lorry receipts. The plaintiff sent a legal notice dated 26.9.2008 calling upon the defendants to pay the balance amount of Rs.13,69,773/- since the defendants had made a part payment of Rs.2,29,851/-. Though the defendants are served with the writ of summons, no appearance has been filed on behalf of the defendants. As a result, the plaintiff, therefore, 4 is entitled for a judgment and decree as claimed by it. 4 Taking into consideration the aforesaid facts and the documents which are brought on record, the defendants are directed and ordered to pay an amount of Rs.18,00,247/- along with interest on the outstanding principal sum of Rs.13,69,773/- at the rate of 12% per annum and not at the rate of 24% per annum as claimed by the plaintiff. 5 Suit, accordingly, is decreed. Refund of Court fees as per Rules. (V.M. KANADE, J.)