1 sj378-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.378 OF 2010 IN SUMMARY SUIT NO.1455 OF 201 WITH SUMMARY SUIT NO.1455 OF 2010 R. Desai Paper Marketing Pvt. Ltd. ....Plaintiff V/s. Shruti Graphics & Impressions & Anr. ....Defendants Mr.H.V. Chande for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 7TH DECEMBER, 2011. P.C. :- 1. The suit is filed to recover the price of the goods sold and delivered by the plaintiff to the defendants on the terms contained inter-alia in the invoices. The defendants having failed to pay the amount, the plaintiff demanded payment by a notice dated 27.8.2009. 2. There was no reply to the notice. In the affidavit in reply, the receipt of the goods is not denied. It is however, contended that the goods were supplied after a delay. However, the goods were accepted without any protest or demur. The defence of delay is without any 2 sj378-10 substance. The invoice stipulates interest at 21% p.a. 3. Thus there is no defence to the suit. 4. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.