1 ss-29-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 29 OF 2010. M/s. Sharpweld Engineering Company, A firm registered under Indian Partnership Act, carrying on business at Office No. 6, 2nd floor, 154, Janjikar Street, Mumbai-400 003. ..Plaintiffs. vs. 1. D.S. Mourya, Sole proprietor of Quality Fabricators and Erectors, 120, Shiv Centre, Plot No. 72, Sector 17, Vashi, New Mumbai-400 705. 2. quality Fabricators and Erectors, Registered and Corporate Office at 120, Shiv Centre, Plot No. 72, Sector 17, Vashi, New Mumbai-400 705. ..Defendants. .... Mr. J. P. Thakkar, for Plaintiffs. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 13TH SEPTEMBER 2011. JUDGMENT : The Plaintiff has in the Suit sought a decree against the Defendants for the principal sum of Rs. 5,14,118/- and further interest as this Court may deem fit and proper from the date of the Suit till payment and the costs of the Suit. After the Writ of Summons was served on the Defendants, the Advocates for the Defendants filed their appearance. The Plaintiffs therefore took out Summons for Judgment No. 93 of 2010. By Order dated 30th March 2 ss-29-10 2011, this Court granted conditional leave to the Defendants to defend the Suit, subject to deposit of Rs. 4 lacs within a period of six weeks from the date of the order. 2. The learned Counsel appearing for the Plaintiffs stated that the Defendants have not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A Certificate to that effect issued by the Prothonotary and Senior Master dated 18th July 2011 is placed on record. The said Certificate records that the Defendants have not complied with the condition of deposit of the amount incorporated in the order passed by this court on the Summons for Judgment. 3. The Suit filed by the Plaintiffs is based on Invoices/ Delivery Challans and a dishonoured cheque bearing No.734783 dated 22nd December 2007. The Plaintiffs have placed on record the said Invoices/ Delivery Challans and the original cheque, copies of which are annexed as Exhibits to the Plaint. In view of clause (b) of sub- Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiffs are entitled to a Judgment against the Defendants in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiffs have claimed the principal sum of Rs. 5,14,118/- and further interest as this Court may deem fit and proper from the date of the Suit till payment and costs of the Suit. Since the claim pertains to a commercial transaction, the Plaintiffs are entitled to interest at the rate of 18% per annum. Hence, I pass the following order :- 3 ss-29-10 (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiffs a sum of 5,14,118/- (Rupees Five Lacs Fourteen Thousand One Hundred Eighteen Only) and further interest at the rate of 18% per annum, from the date of the Suit till payment. (ii) The Defendants shall pay to the Plaintiffs the costs of this Suit. (iv) Plaintiffs will be entitled to refund of Court fees, if any, as per the Rules. 5. The Suit is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]