1 ss-534-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 534 OF 2008. M/s. Lissome Cosmetics Private Limited, a Private Limited Company duly registered under the Company’s Act, 1956 and having its Registered Office at Bharat Tinworks Building, Opp. Borosil Glass Works, Marol, Andheri (East), Mumbai-400 059, through its Authorised Representative Shri Jayesh Mehta. ..Plaintiff. vs. Sunil Jogani, Prop. Of M/s. Sunil Enterprises, Jayshree Market, 1st Floor, Hospital Road, Sib Sagar-785 640, Assam. ..Defendant. .... Mr. Mukandan R. Nair, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 13TH APRIL 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendant has not entered their appearances in spite of service of Writ of Summons. The Affidavit proving service dated 22nd April 2008 is placed on record. The three original invoices and the original cheques along with the debit memos of the Bank are placed on record. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the 2 ss-534-08 Code of Civil Procedure, 1908, case is made out for passing the decree. However, further interest from the date of filing the Suit until payment and/or realisation is fixed at the rate of 18% per annum (simple interest). 3. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.1,10,229.48 paise with further interest on principal amount of Rs.70,371.48 paise at the rate of 18% per annum from the date of filing of the Suit till payment. (ii) The Defendant shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]