SJ.113/08 IN SS.3588/03 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.113 OF 2008 IN SUMMARY SUIT NO.3588 OF 2003 Jharna Exports Pvt Ltd .. Plaintiff versus Bebas Textiles Pvt Ltd .. Defendant Ms.Anita Borkar for the plaintiff. Mr.A.J.Almeida i/by M/s.A.Bharat & Co for the defendant. CORAM : R.S.MOHITE, J. DATE : 2nd August 2010. P.C.: . The plaintiff has filed this summons for judgment in a suit for recovery of amount of Rs.36,25,583/-. Out of this amount, an amount of Rs. 22,44,087/- is the principal amount which according to the plaintiff is based upon a written agreement and balance amount of Rs.13,81,496/- is an interest claimed at the rate of 21%. In so far as the interest claimed is concerned, admittedly there is no provision in the written contract relating to payment of interest. There is no provision for grant of 21% interest in the Sale of Goods Act and section 61 of the said Act merely provides that the party may be entitled for interest. The rate of interest that may be awarded is SJ.113/08 IN SS.3588/03 2 however a matter of discretion of the Court, depending upon the facts and circumstances of the case. The situation in this regard is somewhat similar to the situation which entitles the plaintiff to claim interest under the Interest Act. It has been held by this Court in the case of Mafatlal Fiance Limited, Mumbai Vs. Express Industrial Services Pvt Ltd, Mumabi reported in 1999 (3) Maharashtra Law Journal 64 that if the claim of the interest is not one arising under the contract and is not a claim as quantified under an enactment then a summary suit would not lie. The judgment was delivered after considering the observations of the Division Bench of this Court in the case of M/s.Randerian and Sing Pvt Ltd Vs. Indian Overseas Bank. In that case also the plaintiff had contended that they were entitled to interest under the Interest Act. This Court took a view that whether the plaintiff was entitled to interest was the matter of investigation and the Court would have to decide as to what interest the Court may award. The unconditional leave was, therefore, granted. In the circumstances, in the present case also unconditional leave to defend the suit is granted and the suit is transferred to the Commercial Causes. The written statement to be filed within a period of eight weeks from today. Summons for Judgment is disposed off. (R.S.MOHITE, J)