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.979 OF 2001 SUMMARY SUIT NO.979 OF 2001 SUMMARY SUIT NO.979 OF 2001. Sureshkumar Ranmalji Jain ..Plaintiff versus Instaflow ..Defendant Mr.H.V.Chande for the Plaintiff None for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th Oct., 2008. DATED : 16th Oct., 2008. DATED : 16th Oct., 2008. P.C. 1. Suit summons was served upon the defendants. However, no written statement is filed. Hence the suit is posted for ex-parte decree. Learned Advocate Mr. Chande has tendered compilation of original documents. Since the suit is posted for ex-parte decree no formal issues are framed. 2. I have heard Mr.Chande for the plaintiffs. The plaintiffs have instituted the suit for recovery of the amount covered by these invoices as set out in the particulars of claims. The Office copies of the said invoices are forming part of the compilation of documents. Invoices show that the interest at the rate of 24% will be charged if the the bill is not paid within 15 days. The -2- defendants have not responded to the demand notice issued by the plaintiffs on 16.8.2002. The plaintiffs would be entitled for decree so far as the principal amount is concerned as also the interest at the rate of 24% per annum. So far as the interest after filing of the suit, plaintiffs will be entitled to recover interest at the rate of 12% per annum on the ground that the transaction is commercial transaction. The plaintiffs will also be entitled for costs of the suit. Hence the decree. DECREE i. Defendants do pay to plaintiffs Rs.2,34,756/-. ii. Defendants do pay to plaintiff interest at the rate of 12% per annum from the date of filing of the suit till realisation on Rs.1,54,229/-. iii. Defendants do pay to plaintiff costs of the suit. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)