- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT No. 2239 OF 2008 M/s. Shailesh Velvet Industries ... Plaintiff Vs. M/s. Home Concepts ... Defendant *** Mr. Suresh M. Jain, for the Plaintiff. None for the Defendant. *** CORAM : V. M. KANADE, J. DATE : AUGUST 10, 2009. PC :- 1. Heard the learned counsel appearing for the parties. The plaintiff has filed affidavit of service along with documents. In spite of service by plaintiff, none appears on behalf of defendant. No appearance has been filed on behalf of defendant within ten days from the date of service. The plaintiff has filed the suit on the basis of invoices. The plaintiff has filed the suit for non payment of the amount which was due and payable by the defendants, for the goods sold, supplied and delivered to the defendant under three bills being Bill Nos. 307, 2024 and 2038. Though part payment was made by the defendant by demand draft of Rs.66,000/-, the balance amount was not paid though there was a written contract in the form of said invoice which was signed and accepted by the - 2 - defendant. It is case of the plaintiff that though defendant was informed by the plaintiff that the demand draft for the balance amount was sent to the plaintiff, the plaintiff did not receive the demand draft. It is case of the plaintiff that therefore, suit is arising out of written contract, constituted by virtue of invoice raised by the plaintiff and acceptance of goods by the defendants and thereafter part payment made by the defendants in respect of the said invoice. None appears on behalf of defendant though they are served. The plaintiff is therefore, entitled for a judgment and decree in terms of prayer Clause 16(a). However, the rate of interest payable to the plaintiff, would be at the rate of 18% per annum instead of 24% per annum, as claimed by the plaintiff. Suit is accordingly decreed in above terms. The refund of Court-fee will be as per the law. [ V. M. KANADE, J.]