: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2352 OF 2005 M/s.Bidar Chemicals & Alkalies & Anr. ....Plaintiffs V/s. M/s.Hindustan Insecticides Ltd. ....Defendant Ms.S.V. Thakkar for the Plaintiffs. Ms.Usha Srivastava i/b M/s.Consulta Juris for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 26TH SEPTEMBER, 2008. P.C. : 1. Despite the opportunities having been granted, there is no affidavit in reply. By an order dated 22.7.2008, the Defendant’s Notice of Motion for extension of time for filing their appearance was granted. The Defendant stated that it would file an affidavit in reply within two weeks of the receipt of the Summons for Judgment. Despite the same, no affidavit in reply has been filed. 2. The suit is filed to recover a sum of Rs.70,959/- together with further interest at 18% p.a. from the date of filing of the suit till payment. 3. The said amount comprises of a claim in the : 2 : sums of Rs.50,000/- and Rs.20,000/- deposited by the Plaintiffs towards the earnest money in respect of certain tenders submitted by the Plaintiffs with the Defendant. The Plaintiffs not having been awarded the tender, they demanded the refund of the said earnest money deposits. That amounts were paid by the Plaintiffs to the Defendant and were not repaid by the Defendant to the Plaintiffs is admitted. There is no affidavit in reply filed. The copies of the letters were sought to be tendered across the bar which were not permitted. 4. There was no reply to the Plaintiffs’ advocates notice dated 20.6.2005 demanding payment. 5. Thus, there is no defence to the suit. However, there is no provision for interest. First time the interest was claimed was by the Plaintiffs’ advocates notice dated 20.6.2005 at 18% p.a. A compilation of the original documents is tendered in Court. The same is taken on record and marked Exhibit "A" collectively. The Plaintiffs shall be entitled to withdraw the original documents on furnishing in lieu thereof xerox copies certified by the Plaintiffs’ advocates to be true copies and after notice to the Defendant’s advocate for the same. : 3 : 6. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed in the sum of Rs.70,000/- together with interest thereon at 15% p.a. from 20.6.2005 till payment and/or realization. Refund as per rules.