1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.943 OF 1998 The Indian Smelting & Refg. Co. Ltd. ..Plaintiff. Vs. Satnam Metal Works Ltd. ..Defendant. .... Mr. H.K. Mody i/b Haridas & Co. for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 27th July, 2009. P.C. : The suit has been instituted for the recovery of the price of goods sold, supplied and delivered by the Plaintiff to the Defendant and for interest thereon. The Defendant placed an order upon the Plaintiff for the supply of hot rolled high conductivity copper plates. The Plaintiff supplied materials worth Rs.79,109/- and issued an invoice dated 31st October, 1994. The goods were delivered to the Defendant who accepted the goods. The Defendant paid a sum of Rs.14,000/- leaving a balance of Rs. 65,109/-. A cheque in the amount of Rs.65,109/- dated 29th September, 2 1995 drawn on the Punjab National Bank came to be issued but was returned dishonoured upon presentation. The Plaintiff thereupon issued an advocate’s notice dated 18th August, 1997 despite which payment has not been made. Interest has been claimed at the rate of 18% per annum under the Negotiable Instruments Act on the basis of the dishonoured cheque. The Defendant has been served with the writ of summons, but has failed to enter appearance. In these circumstances, the averments contained in the Plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of its Vice President and Company Secretary Mr. C.D. Thatte together with the compilation of the original documents. The claim has been duly proved on the basis of the evidence and the documents which are tendered and taken on the record. The Plaintiff’s witness has verified the correctness of what has been stated in the affidavit of evidence. In these circumstances, the suit shall stand decreed as prayed. *****