1 sj514-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. rpa SUMMONS FOR JUDGMENT NO.514 OF 2009 IN SUMMARY SUIT NO. 2582 OF 2009 Abbas M. Hussain ... Plaintiff V/s. Gazala Engineering Pvt. Ltd. ... Defendants .... Mr. S. Shamim i/b. M/s. Shamim & Co. for the plaintiff. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 3, 2011. P.C. Heard the learned counsel appearing for the plaintiff. The earlier order dated 18th November, 2010, records that after service of summons for judgment, the defendants has not applied for leave to defend. None appears for the defendants. 2. The learned counsel appearing for the plaintiff has placed on record original documents such as invoices and delivery challans. In view of Clause (a) of Sub Rule 6 of Rule 3 of Order XXXIX of the Code of Civil Procedure, 1908, the plaintiff is entitled to a 2 sj514-09 judgment. There is a stipulation regarding payment of interest at the rate of 18% per annum. Further interest will have to be granted accordingly. 3. Accordingly, summons for judgment is made absolute and the suit stands decreed as prayed. 4. Plaintiff will be entitled to refund of Court fees as per Rules. JUDGE