- 1 - 7.ss.616.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.616 OF 2011 M/s. JP Dyechem Pvt. Ltd. ..Plaintiff -Versus- Cinch Chemicals Private Limited & Ors. ..Defendants .......... Ms.Bhavika Nemivade i/b J.P.Thakkar for the Plaintiff. Mr.Rajendra Mishra for Defendant Nos. 1, 3 & 4. .......... CORAM : S.J. VAZIFDAR, J. DATE : 15TH JULY 2011. P.C. 1 The plaintiff has filed this suit to recover an amount of Rs.6,79,224/- together with interest thereon at 21% per annum from 28th September 2009 to 13th February 2011 and thereafter at such rate as may be fixed by the Court. 2 The defendants have fairly and honestly admitted the claim. The only defence is that the interest ought not to be made payable at 21% per annum. Further, in view of the certain difficulties, he seeks time to make payment. - 2 - 7.ss.616.11 3 The purchase order is silent as to interest. The delivery chalan cum tax invoice itself stipulates interest at 21% per annum. In the peculiar fact of this case there appears to be some dispute as to whether interest was agreed to be payable at the said rate when the agreement was entered into or whether it was unilaterally stipulated subsequently. 4 Defendant No.2 has expired. Defendant No.2 is, therefore, deleted. 5 In these circumstances, the suit is disposed of by the following order : (i) The suit is decreed in the sum of Rs.6,79,224/- together with the interest at 15% per annum up to the date of the filing of the suit i.e. 14th February 2011 and thereafter at 10% per annum till payment and / or realization, provided however the payment is made in full on or before 31st March 2012. (ii) The defendants agree and it is so decreed that in the event of the amount not being paid by 31st March 2012, the interest on the balance amount due shall be at 15% per annum. (iii) Refund of court fees, if any, as per rules. -