- 1 - 9. sj.331.10 ss.1880.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 331 OF 2010 IN SUMMARY SUIT NO.1880 OF 2010 Kanchan Narendra Jain ..Plaintiff -Versus- Woodlands Silver Palace & Anr. ..Defendants .......... Ms.Neeta Solanki i/b Kiran Jain and Co. for the Plaintiff. Mr.Kiran Kulkarni for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 20TH OCTOBER 2011. P.C. 1 The suit is filed to recover the dues in respect of the goods sold and delivered under the terms and conditions contained in the invoices. The delivery challans evidenced the receipt of the goods. 2 The defendants failed and neglected to make the payments. There is no reply to the plaintiff’s advocates’ notice dated 28th December 2009 demanding payment. The learned counsel appearing on behalf of the defendants states that despite repeated requests, he has received no instructions from the defendants. - 2 - 9. sj.331.10 ss.1880.10 3 The defendants have not filed an appearance. A compilation of documents is tendered by the plaintiff in Court, is taken on record and marked “A” collectively. 4 There is nothing on record that militates against the plaintiff’s claim. This is a fit case to accept the averments and submissions in the plaint as correct. 5 There is no provision for interest. However, the interest was demanded by a notice dated 28th December 2009 at 18% p.a.. 6 In the circumstances, the summons for judgment is made absolute and the suit is decreed in the sum of Rs.3,28,120/- together with interest thereon at 18% p.a. from 28th December 2009 till the date of the the suit and thereafter at 12% p.a. from the date of the filing of the suit and for costs. Costs to be quantified as per Rules. Refund of court fees, if any, as per Rules. -