- 1 - 15.sj.328.10 ss.790.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 328 OF 2010 IN SUMMARY SUIT NO.790 OF 2010 H.T.L. Logistics (India) Private Limited ..Plaintiff -Versus- Mr.Narayan Srinivasan ..Defendant .......... Mr.R.N.Singh i/b M/s.Singh & Co. for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 15TH NOVEMBER 2011. P.C. 1 The suit is filed to recover the amounts due and payable on account of the plaintiff having forwarded consignments on behalf of the defendant by air. The bills for freight and other incidental expenses were raised by the plaintiff to the defendant. The defendant, by e-mail dated 18th April 2009, inter-alia stated that they would make commitments for the balance of Rs.2,75,000/- in the following week. The defendant forwarded a cheque of Rs.1,00,000/- towards part payment which was dishonoured. There was no reply to the plaintiff’s advocate notice dated 9th December 2009 demanding payment. - 2 - 15.sj.328.10 ss.790.10 2 There is no affidavit-in-reply. After the suit was filed, an amount of Rs.1,75,000/- was paid. Further a cheque in the sum of Rs.1,00,000/- forwarded after the suit was filed, was however dishnoured. There is no defence in respect of the balance amount due and payable. 3 In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. However credit shall be given for the aggregate amount of Rs.1,75,000/- paid after the suit was filed. Interest shall be at the rate of 12% per annum from the date of filing of the suit. Interest in respect of the amounts paid after the filing of the suit shall cease to run from the dates of the respective part payments after filing of the suit. Costs to be quantified as per Rules. Refund of court fees, if any, as per Rules. -