1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3206 OF 2008 M/s. N.V. Balta Industries ....Plaintiffs. V/s M/s. Tike International & Ors .... Defendants. Mr. Gaurav Agarwal i/b JPS Legal for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 24 th September, 2009 P.C.: 1. None appears on behalf of defendants though writ of summons has been served. In fact, defendants ought to have filed their appearance within stipulated time of 10 days. The original documents are already filed by plaintiffs and they are on record. 2. In view of the averments made by the plaintiffs in the plaint and the documents which are placed on record and since no appearance has been filed by defendants within 10 days from the date of service of writ of summons, plaintiffs are entitled to judgment and decree in view of the provisions of Order 2 XXXVII sub-rule (3) of Rule (2) of the Code of Civil Procedure, 1908. Taking into consideration the facts and circumstances of the case, plaintiffs are entitled for further interest @ 12% per annum from the date of filing of the suit till payment or realization of the said amount. 3. Suit is accordingly decreed in terms of prayer clause (a) with modification that the plaintiffs would be entitled to further interest @ 12% per annum. 4. Plaintiffs will be entitled to refund of Court fees as per the rules. 5. Certified copy is expedited. (V.M. KANADE, J.)