1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2992 OF 1999 Indian Oil Corporation Ltd. ...Plaintiff vs. The Official Liquidator, High Court, Bombay & Anr. ...Defendants Mr.S. Shetye i/b. M/s.Sarkar & Sarkar for the Plaintiff. Ms.Aruna S. Patil, Official Liquidator present. CORAM : V.M. KANADE, J. DATED : JANUARY 12, 2010 P.C. :- 1 The plaintiff is seeking a judgment and decree on account of non-compliance of the conditional order passed by this Court in Summons for Judgment No.957/2000 dated 2nd September, 2002. By the said order, this Court had directed the defendants to pay an amount of Rs.2,58,00,000/- within a period of eight weeks. In the said order, 2 it was specifically mentioned that on failure of the defendants depositing the said amount, liberty was granted to the plaintiff to apply for further orders. The plaintiff is seeking judgment and decree in view of Order XXXVII Rule 6 on account of non- compliance of the conditional order passed by this Court on 2nd September, 2002. 2 The plaintiff has filed affidavit in lieu of evidence. The evidence of the plaintiff is recorded. He has stated that the said affidavit has been affirmed by him and he has stated that the contents of the said affidavit are true and correct. The said affidavit in lieu of evidence is marked as Exhibit P-1. The plaintiff has filed list of original/certified copies of public documents which is marked as Exhibit P-2(colly.). The plaintiff, therefore, is entitled for a judgment and decree. 3 The plaintiff has filed the summary suit. The suit is based on written contract dated 29th 3 March, 1994 - Exhibit A to the plaint. The plaintiff has supplied aviation turbine fuel to the defendants and it was agreed that the defendants would initially send copies of demand drafts of banks and after delivery of the said turbine fuel, they would pay the original demand draft. The defendants, however, have failed to pay the said Demand Drafts. In view of the provisions of Order XXXVII Rule 6, the plaintiff, therefore, is entitled for judgment and decree. 4 Suit of the plaintiff, accordingly, is decreed in terms of prayer clause (a). The plaintiff also would be entitled for interest at the rate of 8% per annum from the date of filing of the suit till payment or realization. Suit, accordingly, is disposed of. Certified copy is expedited. The plaintiff is entitled for refund of Court fees in accordance with Rules. (V.M. KANADE, J.)