: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.475 OF 2008 SUIT NO.475 OF 2008 SUIT NO.475 OF 2008 Exemplar Engineering Pvt. Ltd. ...Plaintiffs V/s. J.R. Syntran & Ors. ...Defendants Mr.J.M. Sidhwa i/b. Hooseini Doctor & Co. for the Plaintiffs. None for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 5TH JANUARY, 2009. : 5TH JANUARY, 2009. : 5TH JANUARY, 2009. P.C.: P.C.: P.C.: 1. Despite service of summons, the defendants did not cause appearance and did not seek leave to defend. This is a Summary Suit. The Plaintiffs is a private limited company carrying on business of manufacturing textile machinery and equipments. It is clear from the averments in the plaint and the supporting documents that the defendants who are carrying on business of selling textile machinery and as the plaintiff’s representative in South India purchased from the Plaintiffs certain machinery for onwards sale but failed and neglected to make the payment of the same to the Plaintiffs. : 2 : 2. As said above, the defendants did not come to adduce the suit and thus the averments made in the plaint and the documents have gone unchallenged on record. The suit deserves to be decreed. 3. The suit is decreed in terms of prayer clause (a). However, the interest shall be paid 12% per annum from the date of filing of the suit till realization of payment. Defendants shall also pay costs of the suit. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]