1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2677 OF 2006 Shishir B. Desai .. Plaintiff V/s. Ferrari Express(India) Pvt.Ltd., .. Defendants. Mr.D.D.Madan, Sr.Counsel with Prembari Thakkar, i/b.Desai & Chinoy, for Plaintiff. CORAM: ANOOP V. MOHTA, J. DATED: 28th AUGUST, 2009. Judgment:- 1. The Plaintiff has filed this Summary Suit under order XXXVII Rule 2 of the Code of Civil Procedure, 1908 and prayed for a decree of sum of Rs.39,93,150.00 with further interest. 2. The matter is listed under the caption Ex-parte decree . None appeared for the Defendants, though served. Affidavit of service is already filed. 3. Pursuant to the Order passed by the Court on 26th March, 2009, the Court has directed the Plaintiff to file an Affidavit of evidence. srj/- 2 4. The Plaintiff has filed the Affidavit dated 13th August, 2009, accordingly, which is taken on record. The same is alongwith the documents (xerox copy of the original) filed by the Plaintiff. These original documents at Sr. Nos.1 to 21 are exhibited as P-1 to P-21 (Colly.). 5. The averments made in the Affidavit r/w the contents of the documents remains uncontraverted. Therefore, as the claim is based upon the agreement, and as there is no dispute and denial and it it supported by other correspondence and as there is no dispute to the contents of the same. 6. Therefore the decree to follow. O R D E R The Defendants to pay to the Plaintiff a sum of Rs.39,93,150/-(as per particulars of claim Exhibit L ) with further interest @ 9% p.a. from the date of filing of the suit till the payment/realization. 6. The decree be drawn accordingly. (ANOOP V. MOHTA,J.) srj/- 3 srj/-