1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2726 OF 2008 Narpatchand Devichand Mehta ........Plaintiff versus M/s.Tecon Project Pvt. Ltd. ........Defendants. Mr. H.V.Chande adv. for the Plaintiffs None for the Defendants CORAM: A. P. DESHPANDE, J. DATED : 17th APRIL, 2009. P.C.: 1. This is a summary suit filed by the plaintiff under Order 37 of Civil Procedure Code. The plaintiff deals in and carries on business of sale and supply of goods at Bombay. It is the case of the plaintiff that the defendant placed order for supply of goods with the plaintiff. The plaintiff pursuant thereto supplied goods under lorry receipt. The defendant received the goods and the same is reflected from `C' form where under sales tax has been remitted. The parties had agreed for payment of interest in the event of any delay. The plaintiff issued notice and demanded the amount, outstanding. However, as the defendant failed to make the payment, the present suit has been instituted claiming that the goods were supplied under bill no.146 on 6-7- 2005 to the defendant. In the purchase order itself, the defendant has incorporated a condition that the payment would 2 be made after 30 days. In that view of the matter though the goods are supplied on 6-7-2005, the suit filed on 4-8-2008, would be within limitation. The claim made by the plaintiff stands substantiated by the documents produced on record which includes the purchase order, the receipt despatchig goods, form `C' under the sales tax act coupled with the notice issued by the plaintiff to the defendant demanding the amount. 5. The defendant has failed to put in appearance and hence the claim made in the plaint shall be deemed to have been admitted by the defendant. 6. The plaintiff has charged interest at the rate of 24% while instituting the suit on the ground that the said rate of interest has been stipulated for in the bill. Having regard to the fact that the interest charged till the date of filing of the suit is on a higher side, a lessor rate of interest need to be awarded after the date of filing of the suit. 7. In the result, the suit deserves to be decreed, and the suit stands decreed in favour of the plaintiff and against the defendant in the sum of Rs. 3,39,681.60/-. The defendant shall pay future interest on the principle sum of Rs. 1,97,681.60 at the rate of 6% per annum from the date of filing of the suit until realisation. The defendant shall also pay the costs of the suit to the plaintiff. The plaintiff shall be entitled to refund of the court fees as per rules. 3 (A. P. DESHPANDE, J.)