((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.502 OF 2008 Sairus Gems Pvt.Ltd. Plaintiff versus Petra Marble and Granite Inc. and others Defendants Mr.Subhash Jha i/by M/s.Law Global for plaintiff. None for defendants. CORAM : A.S.OKA, J. DATE : 05th December 2008 PC : 1. The office noting shows that the summons under Sub Rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants and an affidavit of service has been filed. The plaintiff claims a decree under Sub Rule 3 of Rule 2 of Order XXXVII of Code of Civil Procedure, 1908. The case of the plaintiffs is that in or about the year 2005 the defendants had expressed willingness to purchase polished granite random slabs/tiles of different varieties on regular basis. As per the orders placed by the ((-2-)) defendants, the plaintiffs supplied the granite and marble to the defendants. Reliance has been placed on invoices raised by the plaintiffs from time to time on the defendants. The plaintiff is also relying upon the bills of exchange issued by the defendants. The suit is for recovery of the said goods sold covered by the invoices issued by the plaintiffs. 2. The defendants have failed to enter appearance within the time required by law. The plaintiff has produced the original documents on record. Hence, the plaintiff is entitled to decree. The plaintiff has prayed for further interest @ 24% p.a.. Considering the facts and circumstances of the case, the interest will have to be granted @ 12% p.a.. 3. Hence, the suit is decreed with costs in terms of prayer clause (a) with a modification that further interest payable will be @ 12% p.a.. The plaintiffs will be entitled to refund of court fees as per Rules. Certified copy is expedited. (A.S.OKA, J.)