1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 66 OF 2007 Rainbow Plastic Industries. .... Plaintiff. V/s. Aman Medical Products Pvt. Ltd. .... Defendant. ....... Mrs. U.K. Shah fi/b. K.D. Shah for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 11TH JANUARY 2008. P.C. :- The Suit under Order XXXVII of the Code of Civil Procedure, 1908, has been instituted for the recovery of the price of goods sold, supplied and delivered under 5 bills respectively dated 27th August 2003, 3rd October 2003, 7th October 2003, 29th November 2003 and 3rd December 2003. The Defendant is stated to have received the goods. 2 In the Plaintiff's letter dated 5th May 2006, it has been recorded that part payments were made on 6th January 2004 and 18th March 2004. The bills provide for the payment of interest at the rate of 24% per annum. Despite an Advocate's Notice, no payment having been made, the suit has been instituted under Order XXXVII. The Suit is based on a written contract and therefore falls within the purview of Order XXXVII. The suit is within limitation. Orders were placed in Mumbai and the amounts were payable at Mumbai. Since the Defendant has its office at Daman, leave has already been granted under Clause 12 of the Letters Patent. The Defendant has not entered appearance despite service of the writ of summons. An affidavit of service has been filed. The Plaintiff has relied upon a compilation of the documents. Having regard to the provision of Order XXXVII, the Plaintiff would be entitled to a decree as prayed. 3 The Suit shall accordingly stand decreed as prayed with the modification that the Plaintiff is entitled to interest at the rate of 12% per annum on the principal sum from the date of the suit until payment or realization. ------