1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1421 OF 2007 M/s. East West Freight Carriers Pvt. Ltd. .. Plaintiff. Vs. M/s. Sanchita Marine Products Pvt. Ltd. Defendant. .... Mr. P.N.G. Shukla for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.3,64,097/- on account of dues under unpaid bills. During the period from 1st October, 2004 and 27th January, 2006 the cargo booked by the Defendant for export was placed by the Plaintiff with Emirates Cargo against the payment of freight charges by the Plaintiff together with other charges. The Plaintiff issued their air export bill / invoice. There are five outstanding invoices dated 12th, 16th, 20th, 23rd and 27th January, 2006. By their letter dated 6th July, 2006 the Defendant called upon the Plaintiff to forward a 2 statement of account so as to enable the Defendant to make immediate payment against verification. A statement of account was forwarded by the Plaintiff on 7th July, 2006. Thereafter there was an advocate's notice dated 7th August, 2006 despite which payment has not been made. The Defendant having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon failure of the Defendant to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed in the principal sum of Rs.3,64,097 upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the respective due dates of the invoices until the date of the suit and at the same rate from the date of the suit until payment or realization. The Plaintiff will be entitled to costs of the suit. *****