IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3382 OF 2008 Capchins (India) Pvt. Ltd. ...Plaintiff vs. Nimish Medical Services and Another ...Defendants ---- Mr. Mahesh Devani for Plaintiff None for Defendants. ---- CORAM: V.M. KANADE J. DATED 7TH SEPTEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2. None appears on behalf of the Defendants, though they have served. 3. The Plaintiff has filed affidavit of service. No appearance has been filed by the Defendants within 10 days from the date of service of writ of summons. The Plaintiff has filed the suit for the amount due and payable by the Defendants in respect of delivery of the goods sold, supplied and delivered by the Plaintiff to the Defendants under the five bills. The Defendants have acknowledged the said amount has been due and payable at Exhibit B page 23 wherein the ledger account of the Plaintiff shows that an amount of Rs.4,42,041 is payable to the Plaintiff by the Defendants. The Plaintiff has also acknowledged the receipt of goods received by the Defendants from the Plaintiff. Since no appearance filed by the Defendants within 10 days from the date of serive of the writ of summons, the Plaintiff is entitled for judgment and decree as prayed. The Plaintiff has filed compilation of documents viz. copies of the five bills No. 161/38/05-06, 162/39/05-06, 169/44/05-06, 192/61/05-06, 197/66/05-06 and correspondence between the parties. The suit is, accordingly, decreed as prayed. However, the Defendants shall pay interest at the rate of 15% p.a. on the principal amount of Rs.4,42,041/- from the date of filing of the suit till payment and/or realisation. 4. Refund of Court fees be paid in accordance with rules. V.M. KANADE J.