1 sj35-09 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.35 OF 2009 WITH SUMMARY SUIT NO.3072 OF 2007 M/s.Easun Reyrolle Limited ....Plaintiff V/s. M/s.Creative Services & Solutions & Ors. ....Defendants Mr.A.M. Puranik i/b Puranik & Co. for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 18TH FEBRUARY, 2011. P.C. :- 1. The plaintiff has filed this suit to recover a sum of Rs. 25,01,365=92 ps. together with interest at 20% p.a. on Rs.16,87,685/-. 2. The claim arises on account of the goods sold and delivered by the plaintiff to the defendant on the terms and conditions contained therein and evidenced by eleven invoices between the period 23.3.2004 and 21.6.2005. The invoices provide for interest at 20% p.a. 3. The suit was lodged on 17.9.2007. No part of the cause of action is barred by limitation as the defendant acknowledged the liability within the period of limitation. For instance, the parties signed the minutes of a meeting held between them on 30.11.2004. The defendant admitted and acknowledged that as on 30.10.2004, a sum of Rs.14,31,271/- was due and payable by the defendant to the plaintiff. 2 sj35-09 4. The disputes sought to be raised in the correspondence and in the affidavit in reply are not bona-fide and of no substance. There is no defence the plaintiff’s claim. 5. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of filing of the suit shall be at the rate of 12% p.a. Refund, if any, as per rules.