1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.828 OF 2009 Sanjaykumar Shankarlal Export Private Ltd. .. Plaintiffs Vs. Sanjaykumar Mittal .. Defendant Mr.Vishal Lohire i/by M/s.Negandhi, Shah & Himayatullah for Plaiintiffs.. None for the Defendant. CORAM : S.C.DHARMADHIKARI J. DATE : 11TH DECEMBER, 2009 P.C. : 1. This summary suit is filed on the basis of invoices and delivery challans which together constitute the written contract between the parties. The orders were placed. Plaintiffs sold, supplied and delivered goods to the Defendant. Defendant acknowledges receipt thereof. He did not lodge any protest with regard to the quantity or quality. He has not disputed the liability, but, rather admitted it by making part payment of Rs.4 lakhs by a cheque dated 6.8.2007. The balance sum under the invoices having not been paid, this summary suit has been filed. Defendant is duly served as is evident from the affidavit proving service. Affidavit of service is taken on record and marked X for identification. ‘ ’ 2. There is no vakalatnama filed on behalf of the Defendant within the specified time. Therefore the original documents are taken on record and marked as X-1 collectively for identification. 3. The claim of the plaintiffs is within limitation and this Court has jurisdiction to entertain & try the suit and since the Defendant has failed 2 to appear despite writ of summons being duly served, there shall be decree as prayed for. 4. So far as interest is concerned, interest shall be paid at the rate of 24% p.a.upto the date of the suit, and thereafter at the rate of 6% p.a.till payment/realisation. 5. Advocates costs be computed as per the rules. 6. Refund of Court fees shall be admissible if permissible under the rules. (S.C.DHARMADHIKARI, J.)