1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 3268 OF 2007 Novartis India Limited. .... Plaintiff. V/s. Giriraj Kishore Rastogi, Proprietor of Archana Medicines. .... Defendant. ....... Mr. Ajit N. Makhijani i/b. M.M. Legal Associates for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 26TH MARCH 2008. P.C. :- The suit under Order XXXVII of the Code of Civil Procedure, 1908 has been instituted for the recovery of the price of goods sold, supplied and delivered and in respect of which a cheque issued by the Defendant has been dishonoured. The Plaintiff supplied goods of a total value of Rs.7,38,747/- to the Defendant who was appointed as a stockist by the Plaintiff. These goods were supplied under invoices dated 14th and 15th February 2006. The Defendant made a part payment of Rs. 2 1,00,000/- , leaving a balance of Rs.6,38,747/-. A cheque dated 22nd August 2007 in the amount of Rs.6,28,916/- issued by the Defendant was dishonoured on presentation. Thereafter, no payment has been made despite an Advocate's notice dated 5th October 2007. The Defendant carries on business at Lucknow. In paragraph 13, it has been stated that a part of the cause of action has arisen in Mumbai inasmuch as the cheque which was dishonoured was deposited with the Plaintiff's Bankers in Mumbai. The invoices provide that all disputes shall be settled in Mumbai. Leave has accordingly been granted under clause XII of the Letters Patent. The Defendant has been served with the writ of summons but has failed to enter appearance. In terms of the provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure, 1908, the Plaintiff would be entitled to a decree as prayed upon the failure of the Defendant to enter appearance. A compilation of the original documents has been placed on the record. The claim arises under the written contract. The suit is within limitation. 3 The suit shall accordingly stand decreed in the principal sum of Rs. 6,28,916/-. The Plaintiff shall be entitled to interest at the rate of 9% per annum thereon from 3rd September 2007 (the date of dishonour of the cheque) till the date of the institution of the suit and at the same rate thereafter, until payment or realization. The Plaintiff would be entitled to the costs of the suit. Refund of Court fees, if any, as per rules. -----