1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1916 OF 2003 Vikas Medical Book House ...Plaintiff vs. 1 State of Maharashtra 2 The Dean, Shri Vasantrao Naik Government Medical College, Yavatmal 445 001 ...Defendants Ms Varsha Palav a/w Ms Prajakta Mhatre for the plaintiff None for the defendant CORAM :A.S.OKA,J. DATE : DECEMBER 10, 2009 P.C. 1 The suit is shown on board for passing ex-parte decree. It is pointed out that the writ of summons under sub rule 2 of Rule 2 Order XXXVI of the Code of Civil Procedure,1908 has been served to the defendants. The defendants have not entered the appearance within the time provided by law. 2 The plaintiff has placed on record an affidavit in support of the claim. A compilation of documents has been tendered on record. The case made out by the plaintiff is that the plaintiff sold and supplied to a medical college of the 1 st defendant various books during the period from 14 th February 2000 to 10 th march 2000 under 19 invoices. The total amount invoices is of Rs. 5,98,203.84. Copies of the invoices are placed on record. Apart from the fact that the plaintiff is 2 entitled to a decree in view of sub rule 3 of rule 2 of Order XXXVII of the said Code, the plaintiff has proved the claim by the said affidavit and documents as against the 1 st defendant. The 2 nd defendant is a Dean of the medical college to which books were supplied. There cannot be any personal decree against the 2 nd defendant and therefore, decree will have to be passed only as against the 1 st defendant-State of Maharashtra. 3 The principal amount payable as per the invoice is a sum of Rs.5,98,203.84. The further interest will have to be granted on the said amount at the rate of 6% from the date of institution of the suit till realisation or payment. 4 Hence, I pass the following order : i) There will be a decree against 1 st defendant in terms of prayer clause (a) subject to modification that further interest payable on the principal amount of Rs.5,98,203.84 will be at the rate of 6% p.a. From the date of institution of the suit till realisation. ii)The plaintiff will be entitled to recover costs of the suit from the 1 st defendant. iii)The suit stands dismissed as against the 2 nd defendant. iv)The plaintiff will be entitled to refund of court fees as per the rules. 3 JUDGE