1 ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3438 OF 2006 Haji Mohammed Ishaque Qureshi ...Plaintiff. Vs. Mulla Abdul Shakoor ...Defendant. Mr. J.S.Kini i/by Kinjal Haria for the Plaintiff. None for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 22ND JUNE, 2009. P.C.- 1. The suit is listed under the caption of ex-parte decree. None appeared for the Defendant earlier and all the occasions. There is no dispute or denial to the averments made. Therefore, the suit is for the amount of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) pursuance to the claim made. It was deposited towards the security deposit of the amount. There is clear averments made, as well as, in the affidavit dated 20th April, 2009, that plaintiff paid the entire compensation amount of Rs.8,000/- every month to the Defendant and also handed over the possession of the licenses premises in the month of August, 2006. In 2 spite of this Defendant has not returned the amount which admittedly received pursuance to the leave and licence agreement dated 25th July, 1999. It also means, there is no dispute with regard to this actual receipt of this amount. The amount, therefore, in the circumstances is quantified. 2. Therefore, considering the averments made and in view of Judgment reported in 2002(4) Mh.LJ. 717 (Motorola India Limited Vs. Kiklu I. Malani), the suit is decreed in terms of prayer clause (a). No order as to costs. (ANOOP V. MOHTA, J.)