IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 235 OF 2006 IN SUMMARY SUIT NO. 965 OF 2006 Reuters India Pvt. Ltd. .. Plaintiff V/s Morepen Laboratories Ltd. .. Defendant Ms.S. Dholakia i/b Dholakia Law Associates for the Plaintiff. None for the Defendant. CORAM : S.J, VAZIFDAR, J. DATE : 17TH JULY 2008 P.C.: 1. This suit is filed to recover a sum of Rs.4,75,760.93 p. together with interest at 18% per annum from the date of the filing of the suit till payment. 2. The claim is made on the basis of a service contract entered into between the parties dated 7th September 1998. Pursuant to the agreement, order forms were placed by the Defendant on the Plaintiff. The order forms are dated 7th September 1998 and 12th January 2001. The agreement and the order forms specify the exact amounts due and payable thereunder. - 2 - The Defendant availed of the facility. 3. The agreement was ultimately cancelled. The claim in suit includes an amount of Rs.2,56,626.53 p. as liquidated damages under clause 4.7 of the Contract. Prima facie, the same may not be maintainable in a summary suit. The amounts due under the order forms for the services rendered are in the sum of Rs.2,19,134/-. This claim is maintainable in the present summary suit. 4. Learned advocate appearing on behalf of the Plaintiff fairly invited my attention to the orders of the Hon’ble Himachal Pradesh High Court in a petition under section 391 of the Companies Act. However, the Defendant has not filed any affidavit in reply. The Defendant has remained absent. No further information is available regarding the status of the proceedings under section 391 of the Companies Act. 5. In the circumstances, the Summons for Judgment is made absolute and there shall be a decree in the sum of Rs.2,19,134/- together with interest thereon at the rate of 12% per annum from the date of filing of the suit till payment and/or realisation. 6. The Defendant is entitled to unconditional - 3 - leave in respect of the rest of the claim. 7. The suit is transferred to the list of commercial causes. 8. The Defendant to file their written statement within four weeks from today. 9. Discovery and Inspection to be completed within six weeks thereafter. 10. Summons for Judgment stands disposed of accordingly.