1 25.ss-2104-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 2104 OF 2009. Ankit Jhaveri, carrying on business as Sole Proprietor of and in the firm name and style of M/s. J.B. Manufacturing Company at Jhaveri House, 348, A.R. Street, Mumbai-400 003. ..Plaintiff. vs. Store One Retail India Limited, registered office at E-29, 1st floor, Connaught Place, New Delhi-110 001 and Branch Office at 41/44, Minoo Desai Marg, Colaba, Mumbai-400 005. ..Defendant. .... Ms. Punita Soni, i/b. Bilawala & Co., for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendant for a sum of Rs.3,82,664.17 together with further interest on the principal sum of Rs.3,82,664.17 at the rate of 12% per annum or at such rate as this Court may determine from the date of filing of this Suit till payment and/or realisation and the costs of the Suit. After the Writ of Summons was served on the Defendant, the Advocates for the Defendant filed their appearance. The Plaintiff therefore took out Summons for Judgment being No. 433 of 2009. By an order dated 4th October 2010, this Court granted conditional leave to the Defendant to defend the Suit subject to the Defendant depositing a sum of Rs.3,80,000/- within eight weeks from the date of the order. 2 25.ss-2104-09 2. The learned Advocate appearing for the Plaintiff stated that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 25th April 2011 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on various Invoices/Bills. The Plaintiff has placed the documents on record. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendant in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. Hence, I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs. 3,82,664.17 (Rupees Three Lacs Eighy Two Thousand Six Hundred Sixty Four And Seventeen Paise Only) together with further simple interest on the principal sum of Rs. 3,82,664.17 at the rate of 12% per annum from the date of filing of the Suit till payment and/or realisation. (ii) The Defendant shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff is entitled to refund of Court fees, if any, as per Rules. 5. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]