- 1 - 19.ss.586.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.586 OF 2011 Vinod C. Jhunjhunwala ..Plaintiff -Versus- X-Cell Chemical Ltd. ..Defendant .......... Mr.Ashwin Shete & Mr.Ashraf Diamondwall i/b Khaitan & Jayakar for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 26TH AUGUST 2011. P.C. 1 The suit is filed to recover the amounts due in respect of the goods sold and delivered by the plaintiff to the defendant on the terms and conditions contained one invoice. Despite repeated requests, the defendant failed and neglected to make the payment. There was no reply to the plaintiff’s advocate’s notice dated 27th November 2010 demanding payment. 2 The defendant has not filed an appearance. There is no evidence on record that militates against the plaintiff’s claim. There is, therefore, no defence to the suit. The invoice does not stipulate any rate of interest. - 2 - 19.ss.586.2011 The plaintiff, however, is entitled to interest under the Sales of Goods Act. However, the plaintiff’s advocates’ letter dated 27th November 2010 demanded interest at the rate of 24% per annum. 3 In the circumstances, the suit is decreed in the sum of Rs. 30,73,357/- together with interest at the rate of 12% per annum from 17th August 2011 till payment and/or realization. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -