1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.5733 OF 1999 Melwani Flinance Ltd. ...Plaintiff Vs. Rushabh Capital & Financial Services Ltd. & Anr. ...Defendants Mr.C.A. Shukla i/b. B.S. Chandnani for Plaintiff None for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 15 TH DECEMBER, 2008 P.C. 1. This Suit is filed as Summary Suit for recovery of Rs.5,04,31,860 /- along with further interest of Rs.2,96,65,800 /- at 24% p.a from the date of the suit until realisation. The suit is filed on a written contract between the parties contained in M.O.U dated 9 th September 1996. The liquidated amounts payable by the Defendants to the Plaintiff are set out in clause 4(a) of the M.O.U. The amount is required to be paid with interest at the rate of 2% per month under the said clause. Further interest at the rate of 24% p.a is agreed to be paid under clause 4(b) until repayment on reducing balance. 2 2. The Defendants have been served by registered post on 15 th July 2003 and 18 th July 2003. The Plaintiff has filed the affidavit of service showing the registered acknowledgments of the Defendants. 3. Defendants have failed to enter appearance. The Plaintiff has tendered the original M.O.U. 4. The Suit is decreed as prayed. Refund as per rules. (SMT. ROSHAN DALVI, J.)