1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 4736 OF 1994 Suman Motels Ltd. ....Plaintiff Versus Vijay M. Reddy & Ors. ....Defendants Mr. Sachin Jain i/b. M/s. Vinod Mistry & Co., Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 11th FEBRUARY, 2010. P.C. : The Plaintiff has filed the above suit under the provision of Order 37 Rule 2 of the Code of Civil Procedure, 1908 against Defendants for recovery of an amount of Rs. 10,80,774.64 paise alongwith interest on the principal amount of Rs.10,59,583.00. The writ of summons alognwith true copy of the plaint is served upon the Defendants and affidavit of service to that effect is also filed. Inspite of this position, none of the Defendants have appeared in the present suit and therefore, I am constrained to proceed ex-parte. 2. It is the case of the Plaintiff that Defendants were liable to pay an amount of Rs.15,84,809/- towards payment of International and Domestic Air Tickets for their customers and out of this amount, the Defendants paid Rs.2,35,000/- in cash and the Air Tickets for an aggregate sum of Rs.2,89,956/- were cancelled by the Plaintiff at the instance of Defendant No.1 and therefore, after giving above said credit an amount of Rs.10,59,583/- remained to be paid by the Defendants. 2 3. It is further case of the Plaintiff that the Defendants executed Memorandum of Understanding dated 13th May, 1993 and admitted their liability to the extent of Rs.10,59,583/- and agreed to pay the said amount within 6 months from execution thereof. The Defendant Nos. 2 & 3 in addition to this MOU created mortgage in favour of the Plaintiff in respect of their property mentioned therein. Thereby Defendant Nos.2 & 3 also guaranteed to repay the said sum of Rs.10,59,583/-. Since the above said amount was not paid as stipulated in Memorandum of Understanding, the Plaintiff issued notice dated 21st July, 1994 by “Registered Post A.D.” as well as Under Postal Certificate” but these notice were returned with the Postal remarks “Unclaimed”. The Plaintiff thereafter was constrained to file the present suit for reliefs mentioned hereinabove. 4. By an order dated 19th January, 2010, the Plaintiff was allowed to file certified copies of the original documents as the original documents were gutted in the fire. In pursuance of this Order, the Plaintiff has tendered certified copies of the original documents. I have gone through the same and particularly, the Memorandum of Understanding dated 13th May, 1993. The said documents supports the averments made in the plaint. Apart from this, the Plaintiff is also entitled to decree the suit in view of the provisions of Order 37 Rule 2(3) of the Code of Civil Procedure, 1908 in as much as in the absence of contest, the Defendants deemed to have admitted the Plaintiff’s case. The suit is accordingly decreed in terms of prayer clause (a). 5. Court fees to be refunded as per the Rules. Sd/- (R. V. MORE, J.)