1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2432 OF 2005 Vidhi Dyestyff Manufacturing Ltd. ...Plaintiff. Versus Suresh Kumar Arora. ...Defendant. ....... Ms. Kavita A. Shah for the Plaintiff. None for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. March 26, 2007. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been filed in order to recover the balance due and payable under three invoices, the details of which are as follows: “S.No. Date Bill No. Amount. 1)17.10.2000 246 Rs.1,67,414.00 2)16.11.2000 288 Rs.1,16,348.00 3)06.04.2001 013 Rs. 54,726.00 ______________ Rs.3,38,488.00 =========” Part payments were made by the Defendant. The balance due and payable is Rs.2,36,264/-. The Defendant has not 2 entered appearance though he has been served with the writ of summons. An affidavit of service has been filed. The Plaintiff has filed a compilation of the original documents on which reliance has been placed. On the basis of the evidence on record, the claim of the Plaintiff has been duly proved. The Defendant having failed to enter appearance, despite being served with the writ of summons, the Plaintiff is entitled to a decree as prayed in terms of the provisions of Order 37 of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in terms of prayer clause (a), subject to the modification that the Plaintiff shall be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realisation. Refund of Court fee, if any, as per rules. ......