1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.109 OF 2003 M/s Alfa Chemical Corporation ..... Plaintiffs. V/s M/s Spectrum Alkyd & Resins Ltd. ..... Defendants. Mr. Kunal Cheema i/b Y.M. Chaudhari for plaintiffs. None for defendants. CORAM: V. M. KANADE, J. DATE : 16TH FEBRUARY, 2010 P.C.:- 1. Heard the learned Counsel for plaintiffs. None appears for defendants. 2. Plaintiffs have filed this summary suit for recovery of the amount which is due and payable by defendants for receipt of goods supplied by plaintiffs on the purchase order given by defendants without raising any dispute regarding quality and quantity of the material. Plaintiffs have produced delivery notes. I have perused the prayer clause in the plaint. Plaintiffs are seeking recovery of an amount of Rs 5,56,767/- with interest. The Summons for Judgment was taken out by Plaintiffs and a conditional order was passed by 2 this Court dated 6/9/2005, directing defendants to deposit a sum of Rs 20,00,000/- within four weeks. The said amount has not been deposited by the defendants. It appears that figure of Rs 20,00,000/- has been wrongly mentioned in the order dated 6/9/2005. In any case, this order has not been challenged by the defendants and the amount has not been deposited by the defendants within the time prescribed by this Court. Plaintiffs are, therefore, entitled to judgment and decree. 3. Defendants are directed to pay to plaintiffs a sum of Rs 3,76,360 alongwith a sum of Rs 1,80,407/- being interest due and payable, aggregating to Rs 5,56,767/- as per particulars of claim at Exhibit-O with further interest thereon @ 12% per annum on the principal amount of Rs 3,76, 360/- from the date of filing of the suit till payment or realization alongwith the costs of the suit. 4. Suit is accordingly disposed of. Plaintiffs would be entitled to refund of court fees in accordance with rules. (V.M. KANADE, J.) 3