1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2358 OF 1998 Cabot India Ltd. ..Plaintiff. Vs. Dunlop India Ltd. ..Defendant. .... Ms Sneha Phene with Ms Nandinee Mayekar with Ms Rajani Divekar i/b Little & Co. for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 8th September, 2009. P.C. : The summary suit under Order 37 of the Code of Civil Procedure 1908 has been instituted for the recovery of an amount of Rs. 54,08,319.90 together with interest. The writ of summons was served on the Defendant. The summary suit has been instituted on the foundation of a written contract, evidenced in invoices of the Plaintiff and a letter of the Defendant dated 26th March, 1998 admitting and acknowledging liability. The Defendant was served with the writ of summons but failed to enter appearance. An affidavit of service dated 29th September, 1998 2 has been filed. On 16th July, 2009 the Court was informed that by an order of 23rd July, 2007, the Defendant had ceased to be before the B.I.F.R. under the Sick Industrial Companies (Special Provisions) Act, 1985. Accordingly, the suit has been listed for a decree under Order 37 Rule 2 sub rule (3) of the Code of Civil Procedure,1908. The Plaintiff has filed an affidavit of evidence and a compilation of the original documents on the basis of which the claim has been proved. The Defendant not having entered appearance, the consequences envisaged in Order 37 Rule 2(3) must ensue. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. *****