- 1 - 9.ss.262.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 262 OF 2011 Knight Frank (India) Pvt. Ltd. ..Plaintiff -Versus- Sterling Sez Ltd. & Anr. ..Defendants .......... Mr.Ankit Lohia a/w. Mr.Aniketh Nair i/b Hariani & Co. for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY 2011. P.C. 1 The suit is filed to recover the amounts in respect of the valuation work done by the plaintiff on behalf of the defendant no.2. 2 The plaintiff had initially submitted its proposal by an e-mail dated 16th October 2007. The e-mail contained an attachment containing various terms and conditions. By a further e-mail dated 18th October 2007, the plaintiff revised the proposal. The fees was stipulated at Rs.16,50,000/- plus service tax and out of pocket expenses. The proposals were forwarded to defendant no.2. Defendant no.2 made part payment. - 2 - 9.ss.262.11 Subsequently, the plaintiff raised its final bill on defendant no.2. By an e- mail dated 14th December 2007, the plaintiff was requested to raise the invoice on defendant no.1. This is in view of the fact that defendant nos.1 and 2 are part of the same groups. The plaintiff, accordingly raised an invoice also on defendant no.1. 3 Thereafter, no payments were made by either of the defendants leading the plaintiff to file the present suit. There is nothing on record that militates against the plaintiff’s claim in suit. There is no reply to the plaintiff’s notice dated 23rd July 2009 demanding payment. 4 The defendants have failed to appear or even file an appearance. They have not appeared despite being served. 6 There was, however, no agreement to pay interest. The plaintiff however demanded interest by the notice dated 23rd July 2009 at the rate of 24% per annum. 7 In the circumstances, the suit is decreed in the sum of Rs. 10,28,940/- together with interest thereon at the rate of 12% per annum from 23rd July 2009 till payment and/or realization and costs. Costs to be quantified as per rules. Refund of court fees, if any, as per rules.