IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2621 OF 2001. SUMMARY SUIT NO.2621 OF 2001. SUMMARY SUIT NO.2621 OF 2001. Catchem Industries (I) Ltd. ..Plaintiff versus M/s. Aarti Polymers & Ors. ..Defendants Mr. Chetan Kapadia i/b. M. & M. Legal Ventures for the Plaintiff None for the Defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 18th Oct., 2008. DATED : 18th Oct., 2008. DATED : 18th Oct., 2008. P.C. 1. Defendants were directed to deposit the sum of Rs.5,00,000/- at the stage of disposal of the Summons for Judgment on 11.10.2005. Defendants have not deposited the amount. Non Deposit Certificate dated 7.3.2006 is on record. Plaintiffs have filed original documents. The plaintiffs have filed this suit for recovery of Rs.3,78,993/- along with interest as set out in the prayer clause. The plaintiffs claim that they had delivered to the defendants goods as per three invoices and the defendants failed and neglected to pay the amount as per the due date mentioned in the invoices. Though the rate of interest mentioned in the invoices is 21%, the plaintiffs have claimed -2- interest at the rate of 18% per annum. The notice of demand money was sent on 16.4.2001 and an evasive reply has been given by the defendants disputing the claim. In the absence of non compliance of the demand of money resulted in the plaintiffs filing the suit. 2. I have heard learned Advocate Mr. Kapadia on behalf of the plaintiff. The allegations set out in the plaint have gone unchallenged. The documents relied upon by the plaintiffs makes out a case in favour of the plaintiffs and the plaintiffs are entitled for the decree as prayed. Hence I pass the following Order: ORDER Decree as prayed. Defendants do pay to plaintiffs cost of the suit. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)