1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.389 OF 2008 IN SUMMARY SUIT NO.2261 OF 2007 Dipak Roy ..Plaintiff. Vs. Shri Jagat M. Parikh ..Defendant. Mr.Bharat Panekar i/b.Mr. Yatin R. Shah for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 20TH JULY, 2009 P.C. :- The suit is filed to recover a sum of Rs.12,80,000/- together with further interest at 24% per annum from the date of filing of the suit till payment and/or realisation. 2. The suit is based on a written agreement dated 31.7.2004. It appears that the Plaintiff had agreed to purchase a flat from the Defendant and the Plaintiff had paid a sum of Rs.4,70,000/- as part- payment. The transaction did not go through. The disputes arising therefrom were settled by the said agreement dated 31.7.2004. 3. Under the said agreement,the Defendant undertook to pay a sum of Rs.8,00,000/- on or before 31.12.2004. The Defendant further 2 undertook to pay interest at 24% per annum in case of delay in payment or default in payment. The amount has still not been repaid. Indeed, it is in these circumstances, that the suit is filed. 4. There is no affidavit in reply. There is nothing on record that militates against the Plaintiff’s claim in the suit. 5. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. 6. Refund as per rules.