1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 2259 OF 2007 M/s. Mohini Organics Pvt. Ltd. .... Plaintiff. V/s. M/s. Bharat Explosives Ltd. .... Defendant. ....... Mr. Anil Agarwal for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 11TH JANUARY 2008. P.C. :- The suit under Order XXXVII of the Code of Civil Procedure, 1908 has been instituted for the recovery of the price of goods sold, supplied and delivered under 3 invoices respectively dated 28th December 2005, 24th January 2006 and 19th February 2006. The copies of the bills are at Exhibits A, A-1, A-2. The delivery challans have been 2 annexed at Exhibits B, B-1, B-2. Copies of the Lorry receipts have also been placed on the record. Despite a notice of demand, the Defendant has failed to pay the outstanding dues. The writ of summons has been served and an affidavit of service has been filed. The Defendant has failed to enter appearance. The claim of the Plaintiff falls within the purview of Order XXXVII, since it is based on a written contract as evidenced by the acceptance of the bills and delivery challans in respect of the goods sold, supplied and delivered. The Plaintiff has placed a compilation of original documents on the record on the basis whereof the claim stands proved. The invoices provide for interest at the rate of 18% per annum. The suit is accordingly decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 12% per annum from the date of the suit until payment or realization. Refund of Court fees if any, as per rules. ------