1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 3197 OF 2007 Novartis India Limited. .... Plaintiff. V/s. Jai Bharat Poultry Farms Pvt. Ltd. .... Defendants. ....... Mr. Ajit N. Makhijani i/b. M.M. Legal Associates for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 26TH MARCH 2008. P.C. :- The suit under Order XXXVII of the Code of Civil Procedure, 1908 has been instituted for the recovery of an amount due on account of goods sold, supplied and delivered by the Plaintiff to the Defendants. In pursuance of a purchase order dated 28th June 2004, the Plaintiff sold, supplied and delivered goods of a value of Rs.1,01,750/- under an invoice of the same date. The entire amount was not paid. 2 After giving due credit for part payments, an amount of Rs.69,834/- is stated to be due and payable to the Plaintiff. The last payment was received on 25th May 2005. The suit was instituted on 29th October 2007. Despite an Advocate's notice dated 19th May 2007, no payment has been made. The Defendants have been served with the writ of summons but have failed to enter appearance. In terms of the provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure, 1908, the Plaintiff would be entitled to a decree as prayed upon the failure of the Defendants to enter appearance. A compilation of the original documents has been placed on the record. The claim arises under the written contract. The suit is within limitation. The suit shall accordingly stand decreed in the principal sum of Rs. 69,834/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from 26th May 2005 till the date of the institution of the suit and at the same rate thereafter, until payment or 3 realization. The Plaintiff would be entitled to the costs of the suit.