1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2358 OF 2008 Prince Wood ...Plaintiffs vs. Pankaj Agency ...Defendants Mr.D.G. Aras i/b. M/s.Aras & Co. for the Plaintiffs. None for the Defendants. CORAM : V.M. KANADE, J. DATED : OCTOBER 8, 2009 P.C. :- 1 By order dated 2nd April, 2009, conditional leave to defend the suit was granted to the defendant directing him to deposit the amount of Rs. 4,30,000/- within four weeks from the date of the order. 2 2 In spite of the said order, the defendant has not deposited the said amount of Rs.4,30,000/-. The appeal filed by the defendant against the said order dated 2nd April, 2009 is dismissed by order dated 5th August, 2009. Since the defendant has not deposited the said amount as directed by this Court the plaintiff is entitled for a judgment and decree as prayed. 3 The plaintiff supplied to the defendants timber and imported jungle wood from 22.12.2006 till 29.5.2007. The said goods were received by the defendants unconditionally. The defendants thereafter paid various instalments from time to time to the plaintiff and in all, an amount of Rs. 21,39,462/- was paid by the defendants. However, the balance outstanding of Rs.11,79,120/- has not been paid by the defendants to the plaintiff. The defendants have acknowledged the receipt of the said goods by furnishing the plaintiff two C forms. In view of averments made by the plaintiff in his 3 complaint and on account of the defendants having failed to deposit the said amount of Rs.4,30,000/- as directed by this court, the plaintiff is entitled for a judgment and decree. 4 The defendants are ordered to pay to the plaintiff an amount of Rs.14,20,218/- along with interest at the rate of 15% per annum along with further interest at the rate of 11% per annum on the principal amount of Rs.11,79,120/- till payment or realisation. The plaintiff shall also be entitled to the costs of the suit. 5. Suit, accordingly, is decreed and disposed of. The plaintiff is entitled to refund of court fees as per Rules. Connected Chamber Summons does not survive and Motion taken out by the defendants for extension of time also does not survive and both are disposed of accordingly. (V.M. KANADE, J.) 4