1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1167 OF 2008 Kishor Jethalal Morbia .... Plaintiff. V/s Janak Enterprises and anr. .... Defendants. Mr. Mahesh Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. 2. Plaintiff has filed affidavit of service and compilation of original documents which are taken on record. 3. In spite of service of writ of summons, none appears on behalf of defendants. 4. Plaintiff has filed this summary suit for recovery of 2 an amount of Rs 1,05,406.65 with interest. Plaintiff had sold and delivered goods to defendants. Defendants have acknowledged receipt of goods and have signed delivery challans. Defendants have also issued a letter of confirmation which is annexed as Exhibit-C on page 35 of the plaint. Plaintiff, in view of these documents, has clearly established his claim against defendants. There is an acknowledgment of claim in view of their letter dated 1/4/2005. Moreover, defendants have not filed any reply or appearance within 10 days from the date of service of writ of summons. Plaintiff, under the circumstances, therefore, is entitled to judgment and decree. 5. Defendants are jointly and severaly ordered and directed to pay to plaintiff a sum of Rs. 1,05,406.65 together with further interest due on principal amount of Rs 69,752.50 @ 15% p.a from the date of filing of the suit till payment and/or realization with costs of the suit. 6. Suit is accordingly decreed and disposed of. Refund of Court fees be paid in accordance with Rules. (V.M. KANADE, J.)