IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1153 OF 2004 Mrs.Smita Chetan Mehta Proprietress of M/s. Esskay Enterprise .. Plaintiff Vs. Suresh Agarwal Prop: Meera Silk Mills .. Defendant Mr.M.A.Sayyed i/b M/s.Ram and Co. for the plaintiff CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 23RD AUGUST, 2005 DATED : 23RD AUGUST, 2005 DATED : 23RD AUGUST, 2005 P.C.: 1. The present suit is filed for the recovery of sum of Rs.2,15,065/- with further interest on the principal amount of Rs.1,93,783/- @ 12% p.a. from the date of the suit till payment and/or realisation. The suit is based on the goods sold and delivered. The suit is filed on the basis of invoices and bills raised from time to time. 2. It is the case of the plaintiffs that in respect of the goods sold and delivered there is an outstanding amount of Rs.1,93,783/- and the same has been confirmed by the defendant by their letter dt.7.7.03. I have perused the documents of invoices and delivery challans produced by the plaintiff. The said documents are taken on record and marked Ex.P-1 collectively. Defendant is served. Affidavit of service dt.2.12.04 is filed indicating that the packet sent is returned unclaimed. Defendants though served are not appearing in the matter. Vakalatnama is not filed. In the aforesaid circumstances, suit is decreed as prayed. 3. Suit is disposed of accordingly.