1 sj261 SSP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.261 OF 2009 IN SUMMARY SUIT NO.1238 OF 2009 M/s.Gargi Industries Prop.of Gargi Chemicals Pvt.Ltd. ...Plaintiffs vs. M/s.Master Metals & Ors. ...Defendants Mr.R.G.SIngh i/b Legal Liaisons for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : JANUARY 18, 2011 P.C.: 1 The suit is shown under the caption For Exparte Decree . The suit is filed by the plaintiff for recovery of the goods sold and delivered by the plaintiffs to the defendants under various invoices. Though the summons for judgment has been served to the defendants, no reply has been filed. The learned counsel for the plaintiffs has tendered compilation of original documents. 2 In view of clause (a) of sub rule 6 of rule 3 of Order XXXVII of the Code of Civil Procedure,1908, the plaintiffs are entitled to a judgment. The plaintiffs have prayed for further interest at the rate of 16% p.a. Considering the facts of the case, interest deserves to be granted at the rate of 12% p.a. 2 sj261 3 Accordingly, summons for judgment is made absolute as prayed and the suit stands decreed with modification that further interest will be payable at the rate of 12% per annum on the principal amount from the date of filing of the suit till realisation of the amount. 4 The plaintiffs will be entitled to refund of court fee as per the rules. JUDGE