IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 197 OF 2007 IN SUMMARY SUIT NO. 3398 OF 2006 Sanjay Kantilalji Jain .. Plaintiff V/s Naresh Vithlani (Raj) .. Defendant Mr.Ramesh Jain for the Plaintiff None for the Defendant. CORAM : S.J, VAZIFDAR, J. DATE : 17TH JULY 2008 P.C.: 1. This suit is filed to recover the price of goods sold and delivered by the Plaintiff to the Defendant on the terms and conditions contained in and evidenced by the suit invoices. That the goods were sold and delivered by the Plaintiff to the Defendant and that the Defendant received the same is not disputed. The invoices are also not disputed. The invoices stipulate interest at 24% per annum. 2. The defence is that the amounts have been repaid in cash and that the Defendant is entitled to commission on the basis of an oral agreement. There is nothing on record which supports the defence. - 2 - 3. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. Refund as per rules.