IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1498 OF 2008 Bharat Jyoti .. Plaintiff Vs. Moraya Global Ltd. .. Defendants Mr.G.Krishna Mohan Nair for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard learned counsel appearing for the plaintiff. The affidavit of service of writ of summons has been filed on 07th July 2008. It is stated that the defendant has not entered appearance. The suit is for recovery of price of the goods sold and delivered to the defendants. Reliance is placed on invoices issued by the plaintiff. It is stated that inspite of service of legal notice, the amount was not paid. The suit is for recovery of principal amount of Rs.01,08 ,754/- and interest thereon of Rs.67,777/- on the principal amount at the agreed rate till the date of filing of the suit. The plaintiff has placed on record the office copies of the invoices, an office copy of the notice of demand and 2 postal acknowledgment of the said notice. The learned counsel appearing for the plaintiff states that after the institution of the suit, the plaintiff has received the principal amount. Hence, only the claim of interest survives. 2. In view of the clause relating to payment of interest at the rate of 21% per annum, the plaintiff is entitled to a decree to that extent. 3. Hence, I pass the following order: (i) The defendants are ordered and decreed to pay to the plaintiff a sum of Rs.67,777/-. (ii) The plaintiff will be entitled to recover proportionate costs of the suit from the defendants. (iii) The plaintiff will be entitled to refund of court fees as per the rules. (iv) Certified copy is expedited. 3 (A.S.Oka, J)