: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.3254 OF 2006 NO.3254 OF 2006 NO.3254 OF 2006 Shrinivas Keshav Joshi .. Plaintiff. Versus Kulbhushan Gupta .. Defendant. Mr.K.K.Tated for plaintiff. None for defendant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 18th March, 2008. : 18th March, 2008. : 18th March, 2008. P.C.:- P.C.:- P.C.:- 1. This is a summary suit filed by the plaintiff for recovery of Rs.25,59,848/- with interest thereon. 2. Factual matrix brought out in the plaint is that the plaintiff is engaged in the business of off-set printing and prints all sorts of labels, maps etc. 3. The defendant had placed an order for printing off-set material for their picture "POLICE FORCE" "POLICE FORCE" "POLICE FORCE" by a letter dated 11th October, 2003. 4. The plaintiff as per the order placed by the : 2 : defendant, procured all off-set material for defendant and handed it over for printing to various parties and raised bills of his charges on the defendant. 5. The plaintiff called upon the defendant from time to time to make payments of the outstanding dues in the sum of Rs.22,74,718/-. 6. The defendant has admitted the statement of account submitted to him, which was accepted by him by signing at the foot of the said statement of account on 15th October, 2003 and admitted his liability payable to the plaintiff. 7. The plaintiff from time to time was required to call upon the defendant to pay the outstanding dues. The defendant has made certain part payments, credits of which were given to the plaintiff. After having given credit, the plaintiff had to recover an amount of Rs.17,74,718/- from the defendant, as such, plaintiff has filed this suit to claim his dues with interest on the sum of Rs.7,85,130/- @18% per annum from 20th May, 2004 till 11th November, 2006. The plaintiff has, thus, filed this summary suit under Order 37 of the Code of Civil Procedure, 1908 and prayed for decree in terms of prayer clause. : 3 : 8. On being served with the writ of summons, the defendant filed appearance and sought leave to defend, which was granted by the learned Single Judge of this Court (D.Y.Chandrachud, J.) (D.Y.Chandrachud, J.) (D.Y.Chandrachud, J.) vide order dated 5th June, 2007, subject to deposit of Rs.8.00 lacs within a period of two months from the date of the order. 9. Being Aggrieved by the aforesaid order, the defendant preferred Appeal before the Division Bench of this Court. The learned Division Bench was pleased to dismiss the said Appeal bearing No.553 of 2007 vide its order dated 17th August, 2007 and confirmed the order passed by the learned Single Judge dated 5th June, 2007. The defendant did not comply with the order granting leave and failed to deposit of Rs.8.00 lacs. 10. In the above premises, the plaintiff has become entitled for a decree in terms of the prayer made in the suit. 11. The plaintiff has filed an affidavit of evidence and also produced original documents on which he has relied upon, including the confirmation of the statement of accounts by the defendant. The evidence tendered by the plaintiff went unchallenged. There is no challenge to the claim set up by the plaintiff in the suit. : 4 : 12. In the above circumstances, the present suit is decreed in favour of plaintiff and against the defendant in terms of prayer clause (a) of the plaint with slight modification in the rate of interest. The future rate of interest from the date of suit till realisation shall be @10% per annum on the principal sum of Rs.17,74,718/-. 13. The defendant to bear the costs of the plaintiff. Decree be drawn up accordingly. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)