1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2295 OF 2007 M/s.Saj Globex. ...Plaintiff. Vs. M/s.Phytoremedies Biolabs Pvt.Ltd. ...Defendant. .... Mr.Nilesh S. Das for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908, for the recovery of the amount due and payable in respect of goods sold, supplied and delivered. The Plaintiff supplied several consignments of tomato paste to the Defendant between 1st April 2003 and 31st March 2005. It has been averred that the goods were accepted without demur. The payment was made on an invoice-to-invoice basis. The claim arises 2 out of five invoices respectively dated 3rd June 2004, 5th July 2004, 6th August 2004, 16th August 2004 and 15th September 2004 in the total sum of Rs.20,84,320/-. A notice of demand was issued by an Advocate on 11th May 2007 despite which the amount due has not been paid. The suit was instituted on 31st May 2007. Leave under clause 12 of the Letters Patent has been granted on 29th June 2007. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. 3 The suit shall accordingly stand decreed in the principle sum of Rs.20,84,320/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the respective date of the invoices until the date of the institution of the suit and at the same rate from the date of the suit, until payment or realization. The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....