1 39.ss-994-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 994 OF 2011. Shalimar Pack, a partnership firm, registered head office at 220F, Atlas Mill Compound, Reay Road, Mumbai-400 010. ..Plaintiff. vs. Mahavir Plastics, a business firm, office at 13, Pollock Street, 1st floor, Kolkota 700 001 through its Proprietor, Shri Mukesh Ch. Bhimani, 1A, 3rd floor, Hirday Apartment, Near Ballygunge Science College, Kolkota 700 019. ..Defendant. .... Mr. C.M. Kothari, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST DECEMBER 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendants have not entered their appearance in spite of service of writ of summons. The Affidavit proving service dated 18th August 2011 is placed on record. The certified copies of invoices along with the letter dated 8th October 2010 whereunder the Defendant through his Advocate has promised to pay the entire arrears as soon as he 2 39.ss-994-11 recovers from his business losses, is placed on record. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the 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.14,06,144.47 paise together with further interest at the rate of 18% per annum on the sum of Rs.11,23,180.47 paise from the date of filing of the Suit till payment and/or realisation. (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. ]