1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.437 OF 2009 IN SUMMARY SUIT NO.1584 OF 2009 EMU Lines (P) Ltd. ...Plaintiffs vs. P.K.International Export (P)Ltd. ...Defendants Mr.Sachin Joshi i/b J.B.Singh for the plaintiffs None for the defendant no.1 CORAM :A.S.OKA,J. DATE : JANUARY 7, 2011 P.C.: 1 The learned counsel for the plaintiffs has tendered on record an affidavit of service in which it is stated that the summons for judgment has been duly served to the defendants on 19 th April 2010. Reply has not been filed though the defendants are represented by an Advocate. 2 According to the case of the plaintiffs, the defendants had engaged services of the plaintiff for loading, unloading, measuring, customs clearing, passing Examining, Shipping and forwarding the goods to various parts of the globe. It is stated that for rendering the services, the plaintiffs had issued invoices/bills. Reliance has been placed on 7 invoices issued to the defendants. The learned counsel for the plaintiffs has tendered on record the original invoices along with office copy of notice of demand dated 20th December 2008. In view of clause (a) of sub rule 6 of rule 3 of Order 2 XXXVII of the Code of Civil Procedure,1908, the plaintiffs are entitled to the Judgment. A prayer is made for granting interest at the rate of 20% as per the terms and conditions in the invoice. Considering the facts and circumstances of the case, the plaintiffs are entitled to interest at the rate of 12% p.a. 3 The Summons for Judgment is made absolute and there shall be a decree as prayed subject to modification that the interest will be payable on a sum of Rs.1,23,484/- at the rate of 12% p.a from the date of institution of the suit till realisation or deposit of the amount in this Court. 4 The plaintiffs will be entitled to refund of Court fees as per the rules. JUDGE