1 sj138-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.138 OF 2011 IN SUMMARY SUIT NO.615 OF 2011 WITH SUMMARY SUIT NO.615 OF 2011 Leela K. Mehta ....Plaintiff V/s. M/s.Kutiappaa Silk ....Defendants Mr.Rakesh Dave with Mr.Anil Chauhan i/b N.N. Vaishnawa & Co. for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 20TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts due in respect of the goods sold and delivered by the plaintiff to the defendants on the terms and conditions contained therein and evidenced by an invoice. The invoice provides for interest at 18% p.a. The lorry receipt is also relied upon. 2. However, part payments have been made. The last part payment was made on 19.3.2008 by virtue whereof, the suit is not 2 sj138-11 barred by limitation. 3. The defendants are absent, though served. There is no affidavit in reply. There is nothing on record that militates against the plaintiff’s claim. 4. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of filing of the suit shall be at 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.