1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.138 OF 2008 Linlite Sales Corporation .... Plaintiffs. v/s Adarsh Textile Mills ..... Defendants. Mr. Mahesh Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiffs. 2. Plaintiffs have filed affidavit of service and list of original documents which are taken on record. 3. In spite of service of writ of summons, none appears on behalf of defendants. 4. Plaintiffs have filed summary suit on the basis of goods sold and delivered to defendants. Defendants have 2 acknowledged delivery of the said goods. Plaintiffs have filed their original invoices and delivery challans. Though the said amount was due and payable by defendants, it was not paid. Plaintiffs, therefore, sent a legal notice to defendants. In spite of service of notice, defendants have not paid this amount. 5. Defendants have not filed their appearance within 10 days from the date of service of writ of summons. Plaintiffs, under the circumstances are, therefore, entitled to judgment and decree. 6. Defendants are jointly and severally ordered and directed to pay to plaintiffs a sum of Rs 1,28,620.00 together with further interest due on principle sum of Rs 79,312.00 @ 15% p.a from the date of filing of suit till payment and/or realization with costs of the suit. 7. Suit is accordingly decreed and disposed of. Refund of Court fees be paid in accordance with rules. (V.M. KANADE, J.)