1 sj208-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.208 OF 2011 IN SUMMARY SUIT NO.524 OF 2011 WITH SUMMARY SUIT NO.524 OF 2011 Rajendra R. Avasthi ....Plaintiff V/s. Sanjoy Anand & Anr. ....Defendants Mr.Rakesh Kumar i/b Legal Vision for the Plaintiff. Mr.Rejash Dande for Defendant Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 20TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts due towards the work done by the plaintiff for the defendants. 2. The plaintiff is the P.O.P. contractor. He submitted a quotation dated 20.8.2007 to the defendants’ Project Management Consultant. The quotation was accepted. The plaintiff has carried out all the work. The defendants have had the benefit of the work. There was no protest about the quality and the quantum of the work done. Despite the same, the defendants refused to make payment. 2 sj208-11 3. The first defence is that this Court has no jurisdiction. Leave under clause XII has been granted. The defence therefore, is not sustainable. 4. It is then contended that the contract was between the plaintiff and the Project Management Consultant. The defence is without any substance. The quotation was forwarded to the P.M.C. However, it is clear that the work was to be done for the defendants and the defendants were bound and liable to pay for the same, as the contract was entered into between the plaintiff and the defendants. This is evident from several facts. 5. Firstly, the invoice was raised on the defendants. Several letters were addressed by the plaintiff to the defendants, requesting payment of dues. The defendants never replied to the same. The defendants never contended that there was no contract between the plaintiff and the defendants. The Project Management Consultant by a letter dated 25.8.2010 stated that they were not liable to make payment and in fact that the defendants were liable to make payment. Thus despite having availed of the benefit of the work done, the defendants are refusing to make payment. 6. There is however, no provision for payment of interest. 7. In the circumstances, the summons for judgment is made absolute and the suit is decree in the sum of Rs.1,32,706=07 ps. together with interest at 12% p.a. from the date of the suit till payment 3 sj208-11 and or realization. Costs to be quantified as per rules. Refund, if any, as per rules.