1 sj330-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.330 OF 2010 IN SUMMARY SUIT NO.1878 OF 2010 WITH SUMMARY SUIT NO.1878 OF 2010 M/s.Venus Trading Company ....Plaintiff V/s. S.N. Pranesh ....Defendant Mr.Ashish Kamath with Mr.S. Kazi i/b Negandhi Shah & Himayatullah for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 19TH OCTOBER, 2011. P.C. :- 1. The suit is filed to recover the price of the goods sold and delivered by the plaintiff to the defendant on the terms and conditions contained in various invoices. The defendant has not filed affidavit in reply. The defendant has not appeared. Despite the same, Mr.Kamat invited my attention to the dispute in the correspondence. In view of the absence of any affidavit in reply, it is not really necessary to consider the same. It may however, be noted that the correspondence indicates 2 sj330-10 that the goods had been retained and appropriated by the defendant. 2. Mr.Kamat sought to tender a response received pursuant to an application made under Right to Information Act to indicate that B.A.R.C., to whom the defendant had supplied the goods, has paid the defendant for the same. As the defendant has not appeared and disputed the claim, I did not think it necessary to permit him to rely upon the same. 3. There is no defence to the suit. There is nothing on record that militates against the averments and submissions in the plaint. 4. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest is fixed at 21% from the date of the suit and thereafter at 12% p.a. till payment and/or realization. Costs to be quantified as per rules. Refund, if any, as per rules.