1 19.ss-514-91 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 514 OF 1991. M/s. Speciality Chemicals. ..Plaintiff. vs. M/s. Mira Dyes & Chemicals & Anr. ..Defendants. .... Ms. V.J. Tamhane, i/b. R.D. Suvarna, for Plaintiffs. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. JUDGMENT : By this Suit, the Plaintiff prays that the Defendants be jointly and severally ordered and decreed to pay to the Plaintiff the sum of Rs.1,34,276/- as per the particulars mentioned in Exhibit ‘E’ to the Plaint together with further interest on Rs.1,24,050/- at the rate of 18% per annum or at such other rate as this Court may deem fit from the date of filing of Suit till payment and/or realisation and the costs of the Suit. 2. After the Writ of Summons was served on the Defendants, the Advocates for the Defendants filed their appearances. The Plaintiff therefore took out Summons for Judgment being No. 70 of 1992. By an order dated 7th March 1994, this Court granted conditional leave to the Defendant Nos. 1 and 2 to defend the Suit subject to them depositing a Sum of Rs.1,00,000/- within eight weeks from the date of order. Accordingly, Defendant No.1 deposited an amount of Rs.1,00,000/- with the Prothonotary and Senior Master of this Court. However, the Defendant No.2 failed 2 19.ss-514-91 and neglected to file his Written Statement and is also not appearing before this Court. In fact, the learned Advocate for the Defendants obtained discharged by a Chamber Order No. 352 of 2011. 3. The Suit filed by the Plaintiff is based on various delivery challans. The Defendants have filed the original documents before the Court including the letter dated 28th September 1989 containing the statement of account of the Defendant maintained by the Defendant dated 31st March 1989 (Exhibit ‘B’ to the Plaint), which shows that a balance of Rs.2,92,524/- is due and payable by the Defendants to the Plaintiff. The said statement is confirmed by the Defendants. The Defendants have not come forward to defend the Suit and have not filed their Written Statement. In view thereof, what is stated by the Plaintiffs has gone unchallenged. There is no reason why what the Plaintiffs have stated in the Plaint should not be accepted. 4. In the above circumstances, in my view the relief sought by the Plaintiffs is required to be granted. In view thereof, I pass the following order :- (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiff a sum of Rs. 1,34,276/- (One Lac Thirty Four Thousand Two Hundred Seventy Six Only) together with further simple interest on Rs.1,24,050/- at the rate of 18% per annum from the date of filing of the Suit till payment and/or realisation. (ii) The Defendant is entitled to forthwith withdraw the amount of Rs.1,00,000/- from the Prothonotary and Senior Master of this Court deposited by the Defendant pursuant to the order dated 7th March 1994 with interest accrued thereon, if any, and thereafter 3 19.ss-514-91 execute the decree for the balance amount. (iii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iv) The Plaintiff will be entitled to refund of Court fees, if any, as per Rules. 5. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]