IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1632 OF 2006 SUMMARY SUIT NO.1632 OF 2006 SUMMARY SUIT NO.1632 OF 2006 M/s Deepcon (India) Construction Company ,.... Plaintiffs. Vs M/s Ghatkopar Shilpkala Co-op Housing Society Ltd... Defendants. Mr Ramesh Jain, for the plaintiffs. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 26th June, 2008 DATE : 26th June, 2008 DATE : 26th June, 2008 PC: PC: PC: 1. Heard learned counsel for the plaintiffs. None for the defendants, though served. 2. This is a suit under Order XXXVII of the Code of Civil Procedure,1908. The plaintiffs are contractors and they undertake building repairs and restoration. The defendants are a registered co-operative society. The plaintiffs were awarded repairing/restoration work of the society’s building by the defendants vide letter dated 25.11.2002. The plaintiffs, accordingly, carried out the work and raised final invoice of Rs.7,96,802.32 paise dated 27.5.2003. Out of the amount of final invoice the defendant-society paid to the plaintiff the total sum of Rs.6,80,000/- by various cheques on different dates. Thereafter, a lot of correspondence was exchanged between the parties and, according to the plaintiffs, by their letter dated 27.3.2004 the amount payable by the defendants to the plaintiffs was settled at Rs.60,707.44 paise, as balance of the invoice amount plus Rs.39,840.12 paise as retention amount, and Rs.16,254.77 paise towards TDS amount. The defendants have acknowledged the said payment and have paid an amount of Rs.16,254.77 paise only. In the circumstances, the plaintiffs have filed the instant suit. Though the plaintiffs have prayed for interest at the rate of 21% per annum, there was no such contract between the parties. Learned counsel for the plaintiffs has fairly stated that the plaintiffs cannot claim interest as prayed in the suit. 3. The defendants have failed to enter their appearance. An affidavit of service has been filed by the plaintiffs. In terms of provision of Order XXXVII, the plaintiffs would be entitled to a decree. The suit falls within the purview of Order XXXVII and it is within limitation. The claim has been duly proved on the basis of the material on record. 4. The suit is accordingly decreed insofar as the principal amount of Rs.1,00,541.56 paise is concerned. There shall be refund of court-fees, if any, as per Rules. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)