1 ss-2587-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 2587 OF 2010. Ranjit Jairambhai Jariwala, carrying on business in the name and style of M/s. Natvarlal Morarji Jariwala, at 191, 1st floor, No.9, Kika Street, Gulalwadi, Mumbai-400 002. ..Plaintiff. vs. S.P. Embroidery, carrying on business at Abdus Shokur Road, VIII-Kajipara South, P.O. Mallickpur, Kolkata- 700 145. ..Defendant. .... Mr. M.J. Devani, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST JUNE 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-Parte Decree”. The Defendant has not entered their appearances in spite of service of writ of summons. The Affidavit proving service dated 18th February 2011 is placed on record along with the original documents. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 3. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay 2 ss-2587-10 to the Plaintiff a sum of Rs.1,40,593.90 (Rupees One Lakh Forty Thousand Five Hundred Ninety Three and Ninety Paise) and simple interest on principal sum of Rs. 94,089/- at the rate of 18% per annum from the date of the filing of the Suit till payment or realisation. (ii) The Defendant shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 4. The Suit is accordingly disposed of. Issuance of certified copy of the Decree is expedited. [ S.J. KATHAWALLA, J. ]