IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1893 OF 2003 ICF Shipping Pvt. Ltd. ...Plaintiffs Vs. Indian Exporters ...Defendants ----- Mr.Amit Potnis i/b. Tamhane & Co. for Plaintiffs None for the Defendants ----- CORAM: V.M. KANADE J. DATED: 23RD FEBRUARY, 2010 P.C. 1. Pursuant to the direction given by this Court by order dated 12th October, 2009, the Plaintiffs have filed affidavit in lieu of evidence and compilation of original documents. 2. In spite of service of the writ of summons, no appearance has been filed by the Defendants within 10 days from the date of service of the writ of summons. The averments made in the plaint, therefore, are not controverted. In view of the provisions of Order XXXVII Rule 2 (3), the Plaintiffs are entitled for a judgment and decree. Suit of the Plaintiffs is, therefore, decreed in view of the prayer made in paragraph 14 of the plaint. 3. The Defendants are directed to pay the Plaintiff the sum of Rs.1,33,942.41 paise together with further interest on the balance principal sum of Rs.89,748.18 paise at the rate of 15% p.a. from the date of filing of the suit till the payment and/or realization along with costs of the suit. Certified copy is expedited. (V.M. KANADE J.)