1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1532 OF 2007 Technoserve Corporation. ...Plaintiff. Vs. Confidence Cycenders Petrtochem Pvt.Ltd. ...Defendant. .... Mrs.H. H. Chande for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 15, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted for the recovery of the balance price due and outstanding in respect of goods sold, supplied and delivered. The Plaintiff had supplied goods of a total value of Rs.1,80,699/- under an invoice dated 25th January 2004. A total amount of Rs. 1.10 lakh was paid by the Defendant between 16th February 2005 and 31st May 2005 leaving balance outstanding of Rs.70,699/-. The amount has not been paid despite several reminders and notices of demand. 2 The Defendant has failed to enter appearance despite service of the writ of Summons. The Plaintiff has placed on the record an affidavit of service and a compilation of the original documents. Since the Defendant has failed to enter appearance despite service, the Plaintiff is entitled to a decree, under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall stand decreed as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal amount of Rs.70,699/- from the respective due dates until the date of the institution of the suit and at the same rate from the date of the suit until payment or realisation. Refund of Court fees, if any, as per rules. .....