1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.749 OF 2003 M/s.Mandar Pharma ..Plaintiff. Vs. M/s.Lakhimpur Drug Distributor ..Defendant. .... Ms Sheetal Chhabaria i/b Pankaj S. Shah for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : 1. The suit has been instituted under Order 37 of the Code of Civil Procedure 1908 for the recovery of amounts due in respect of goods sold, supplied and delivered. The Plaintiff sold to the Defendant pharmaceutical products covered by three bills dated 27th January, 28th February and 28th February, 2001 respectively totalling in the amount of Rs.52,376/-. According to the Plaintiff the Defendant received the goods which were delivered by the transporters on lorry receipts. Part payments were made by the Defendant leaving an amount of Rs.44,376/- in 2 balance. The suit has been instituted for the recovery of the balance due and payable. 2. The Defendant has been served by substituted service. An affidavit of service has been filed. No written statement has been filed. In the circumstances, the claim has not been controverted. The Plaintiff has relied upon an affidavit in lieu of examination of its witness who has verified what is stated therein. A compilation of the original documents has been filed. The claim is duly proved. The suit shall accordingly stand decreed in the amount of Rs.44,376.13 on which the Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the suit until payment or realization. *****