IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION VPH SUMMARY SUIT NO. 2856 OF 2006 S.A. Pharmachem Pvt. Ltd. ... Plaintiff Vs. Royal Anti-Biotics and Investments Pvt. Ltd. ... Defendant. Mr. A. K. Singh for the plaintiff. None for the defendant. CORAM : R.Y.GANOO, J. DATED : 12th, November 2008. P.C. . Learned advocate for the plaintiffs state that despite service of writ of suit summons upon the defendants, no Vakalatname is filed within 10 days, and he has submitted for exparte decree, as the defendants have failed to file Vakalatnama. 2. Heard the learned advocate for the plaintiffs, perused the plaint, evidence affidavit and the compilation of documents. Plaintiffs claim that it has supplied the goods to the defendants on different dates, as set out in the plaint, worth Rs.2,21,931/-. The plaintiffs admit - 2 - having received Rs.47,985/-. Hence, the plaintiffs have prayed for decree to the extent of Rs.1,73,946/- and interest @ 18% per annum from the date of delivery of goods till 30th November, 2005. 3. The plaintiffs are relying upon the defendants’ letter dated 1st August, 2003, by which defendants have admitted that defendants are liable to pay Rs.1,73,946/- to the plaintiffs. In view of the aforesaid admission, plaintiffs are entitled to a decree to the extent of said amount. 4. So far as claim of interest is concerned, rate of interest is not mentioned in the invoice, hence, Court will have to consider the rate of interest and accordingly, in view of the fact that the suit transaction is for sale of goods, the plaintiffs are entitled to recover interest @ 12% per annum from the defendants upto the date of filing of the suit. The plaintiffs have admitted receipt of Rs.47,985/- from the defendants, and issued a demand notice/letter dated 8th October, 2001, demanding the balance amount. Hence, the plaintiffs are entitled to recover interest on - 3 - Rs.1,73,946/- from 8th October, 2001 upto 30th Nvoember, 2005, as claimed. 5. So far as interest after institution of the suit is concerned, plaintiffs are entitled to interest @ 12% per annum from the date of filing the suit till realisation of Rs.1,73,946/- For the aforesaid reasons, I pass the following order. ORDER 1. The defendants do pay to the plaintiffs Rs.1,73,946/-. The defendants do pay to the plaintiffs interest at the rate of 12% per annum on Rs.1,73,946/- from 8th October, 2001 upto 30th November, 2005. 2. The defendants do pay to the plaintiff interest at the rate of 12% per annum on Rs.1,73,946/- from the date of filing of the suit till realisation. 3. The defendants do pay to the plaintiffs costs of the suit. Sd/- - 4 - [ R.Y.GANOO, J.]