IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2325 OF 2006. SUMMARY SUIT NO.2325 OF 2006. SUMMARY SUIT NO.2325 OF 2006. M/s.Essar Graphic (India) ..Plaintiff versus M/s. Shruti Innerwear & Anr. ..Defendants Mr.V.P.Amin i/b/M/s. B. Amin & Co. for the Plaintiffs CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th Nov., 2008. DATED : 17th Nov., 2008. DATED : 17th Nov., 2008. P.C. 1. The defendants were directed to deposit Rs.3.5 Lakhs at the time of disposal of the Summons for Judgment. That has not been done. Consequently, written statement is not on record. The plaintiffs have prayed for ex-parte decree. Non-deposit Certificate is before the Court. 2. I have heard learned Counsel for the plaintiffs. The plaintiffs have sold and delivered to the defendants printed boxes and inner corrugated boxes as set out in Exhbit A, and delivery challans are produced. The same are before the Court. Learned Advocate for the plaintiffs admitted that the plaintiffs have not been able to produce before the Court one invoice, -2- with the result the principal amount payable by the defendants would be Rs.2,80,125/- and that decree should be passed for the said amount. 3. Learned Advocate for the plaintiffs drew my attention to the invoices where interest chargeable for overdue payment was fixed at 24% per annum. The learned Advocate for the plaintiffs submitted that since the interest at the rate of 24% was to be charged, as set out in the invoices, the plaintiffs are entitled to interest at the rate of 24%. The submission of the learned Advocate for the plaintiffs is fair and is required to be granted. Learned Advocate for the plaintiffs has submitted that after considering the quantum of interest, the sum of Rs,4,41,903/- is payable by the defendants upto the date of filing of the suit. The plaintiffs will have to be granted relief to that extent. 4. In so far as interest payable by the defendants after institution of the suit, keeping in view the fact that the transaction between the plaintiffs and defendants was as regards sale of goods, plaintiffs would be entitled to interest at -3- the rate of 12% per annum particularly because the transaction pertains to the year 2003. Accordingly, the claim of the plaintiffs to the extent of 12% can be granted. Plaintiffs will ofcourse be entitled to cost of the suit. Hence I pass the following decree. DECREE . Defendants do pay to plaintiffs Rs.4,41,903/- (Rupees Four Lakhs Fortyone Thousand Nine Hundred Three Only). . Defendants do pay to plaintiffs interest at the rate of 12% per annum on Rs.2,80,125/- from the date of filing of the suit till realisation. . Defendants do pay to plaintiffs cost of this suit. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)