1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 714 OF 2009 IN SUMMARY SUIT NO.3612 OF 2007 Novarties India Ltd. ....Plaintiff. Vs. Harinder Singh ....Defendant. --- Mr. Ajit Makhija i/b M.M. Legal Assoc., for the Plaintiff. None for the Defendant.. -- CORAM: S.J. VAZIFDAR, J. DATED: 6TH AUGUST 2009 P.C.: 1. The suit is filed to recover a sum of Rs.203,709/- being the principal sum, and a sum of Rs.1,10,980/- an interest thereon and further interest thereon till the date of the filing of the suit. The suit is filed to recover the price of goods sold and delivered by the Plaintiff to the Defendants on the terms and conditions contained in and evidenced by the suit invoice. 2. The Plaintiff has examined one Franco Dias who has filed an affidavit in lieu of examination-in-chief. There was no cross 2 examination. A compilation of documents tendered was taken on record and marked ‘A’ (Colly). A affidavit in lieu of examination-in- chief is tendered in court. The same is taken on record. 3. That the goods were sold and delivered by the Plaintiff to the Defendants is established. The same is evidenced by the invoices and receipts thereof. The cheques issued towards part payment of the suit claim were dishonoured. 4. The Defendant has failed to appear. The Defendant has also not filed a written statement. There was no cross examination. In the circumstances, there is no defence to the Plaintiff’s claim in the suit. 5. The suit is therefore decreed as prayed. However, the interest after the date of the filing of the suit till payment shall be at 15% p.a. Refund as per rules.