1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 951 OF 2003 The Mahindra United World College of India ...... Plaintiff. V/s Shabbir Mohammed Choonawala ...... Defendant. ----- Mr. Vinay Bhate & Rajuta V. Masurkar i/b Little & Co. for the plaintiff. Mr. Ajit S. Rao, Director – Finance of the plaintiff present in Court. None appears for the defendant. ------ CORAM: V.M. KANADE, J. DATE : 5th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel for the Plaintiff. None appears for the defendants. 2. Plaintiff has filed affidavit of service. None appears on behalf of the defendant. The affidavit of service filed by the plaintiff is taken on record and marked as Exhibit-A. 3. Mr. A. S. Rao – Director, Finance of the Plaintiff states that contents of the affidavit of evidence are correct. He states that affidavit of evidence is signed by him. Affidavit of evidence is taken on record and marked as Exhibit-B . The 2 original documents are also taken on record and marked Exhibit-B collectively. The evidence of the plaintiff is uncontroverted. 4. Plaintiff is a company incorporated under the provisions of the Companies Act, 1956 and it is also registered under the Bombay Public Trusts Act 1950. Plaintiff is a part of the United World Colleges fraternity having colleges at various places in the world. Defendant is a father and guardian of one Haider Ali Choonawala who was enrolled as a student at the Armand Hammer United World College of the American West, New Mexico, USA for the academic years 1999-2000 and 2000- 2001. The plaintiff's case is that the defendant committed default in paying tuition fees aggregating to Rs 8,32,140/- These facts are uncontroverted and, therefore the plaintiff is entitled for judgment and decree in terms of prayer clause (a). 5. Suit is accordingly decreed in terms of prayer clause (a). Refund of Court fees be paid to the plaintiff as per rules. 6. Suit is disposed of in the above terms. (V.M. KANADE, J.) 3