1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.393 OF 2008 IN SUMMARY SUIT NO.3094 OF 2008 M/s.Chempro Expertise Pvt. Ltd. ..Plaintiff. Vs. M/s. Chemtreat Composites India Pvt.Ltd. ..Defendant. Mr. Sunil Mogre for the Plaintiff. Mr. Sumit Raghaavi i/by PDS Legal for the Defendant. CORAM : R.S. MOHITE, J. DATED : 12TH JUNE, 2009 PC : 1. The plaintiff has filed this summary suit for recovery of an amount of Rs.1,11,118/- as per statement of claim Exhibit E annexed to the plaint. 2. It is the case of the plaintiff that an amount of Rs. 80,813/- is due to the plaintiff under Invoice dated 8.8.2006. The said invoice provided for 18 per 2 cent interest in case the amount under the invoice was not paid within a period of 30 days. In view of the said clause, interest amount of Rs.30,305/-has been claimed as interest in the suit. It is seen that appearance has been filed on behalf of the defendant. However, no reply has been filed on behalf of the defendant. The record indicates that affidavit in reply has been filed on behalf of Clariant Chenmicals (India) Ltd. Which is not the party to the suit. It is claimed in the affidavit that Clariant Chemicals (India) Ltd. have acquired the entire share holding of the defendant. The agreement regarding taking over of the defendant-company is not annexed to the affidavit in reply. The Advocate for the defendant also does not have any document to indicate that Clariant Chemicals (India) Ltd. has acquired shareholding of the defendant. It is for the defendant to file such agreement executed in their favour. In absence of the same, no defence has been entered into by the present defendant. In the circumstances, in my view, summons of 3 judgment will have to be made absolute. Suit therefore, stands decreed in terms of prayer clause (a) with costs. ( R.S.MOHITE, J. )