1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.3179 of 1998 Mrs.Prabha P. Shenai .. .. Plaintiff vs. Crown Maritime Company (I) Pvt.Ltd. .. Defendant Mr.Prakash Shenai, C.A. Of the Plaintiff in person. Mr.Jayant Gaikwad i/by Mr.Pankaj Das for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 5 th February 2009 P.C. : 1. This Suit is filed for recovery of Rs.38,73,530.43 as per the Particulars of Claim, Exhibit- F to the Plaint, with interest on the principal amount of Rs.25,23360 /- at the rate of 30% per annum from the date of the filing of the Suit until realization. The Suit is filed on the written contract between the parties contained in the Plaintiff's quotation dated 27.9.1996, the Defendant's order dated 28.9.1996 and the actual delivery of the material by the Plaintiff under Delivery Challan No.214266 under the Plaintiff's Invoice No.10402 dated 5.10.1996. 2. The Plaintiff has produced the original documents showing the said contract. The delivery challan is shown to be received by the Defendant under its seal on 3.3.2001. 2 3. After the filing of the Suit, the Defendant entered appearance. Hence the Plaintiff took out a Summons for Judgment being Summons for Judgment No.1347 of 2001. The Defendant was granted unconditional leave to defend the Suit. The Defendant was directed to file its Written Statement within 8 weeks from the date of the order on the Summons for Judgment passed on 11.8.2003. Even after 5 and ½ years the Written Statement is not filed. 4. Initially an ex-parte decree was passed in this Suit. Hence the original documents were submitted to the Court. Those documents were not traced on the last date of hearing. Hence this Suit came to be adjourned to today. On the last date of hearing, the Defendant was represented by the Advocate Mr.Prasad. The office was directed to produce the original documents and the Affidavit of service of the Plaintiff. Though the Defendant had knowledge not only of the order on the Summons for Judgment but the last order adjourning the Suit till today, no Written Statement is filed. Not even an application for permission to file the Written Statement upon condonation of delay is made. 5. The averments in the Plaint are left uncontroverted. The Suit is decreed as prayed. The original documents are taken 3 on record and marked Exhibit- A (collectively). 6. Refund as per Rules. (SMT.ROSHAN DALVI, J.)