*1* ss.277.10.27 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.277 OF 2010 Maganlal Dresswalla. ..Plaintiff -Versus- Tutu Films Pvt.Ltd. and another. ..Defendants .......... Ms.Neeta V. Parikh, for the Plaintiff. Mr.K.P.Mali, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 In this matter the Vakalatnama on behalf of the Defendants was taken on record on 23.08.2010 on the specific condition that they will seek leave to defend by filing appropriate application/affidavit. The order dated 23.08.2010 was by consent and clear in that behalf. 2 Mr.Thorat who appeared on behalf of the Defendants stated that the Defendants do not wish to contest the claim and they will make arrangement for payment of decreetal sum and accordingly, time was taken and part payments have been made. However, despite seeking indulgence of the Court from time to time, the agreed amount has not been paid. 3 The Plaintiff has filed this suit against the Defendants under Order XXXVII of the Civil Procedure Code seeking decree in the sum of Rs. 6,68,000/- as per particulars of claim at Annexure-E, on the basis of the written contract as evidenced by the documents/contract annexed as Annexure-A to the plaint. *2* ss.277.10.27 4 The Plaintiff is a partnership firm carrying on business of hiring the Artistic and Equisite costumes and other equipments for films and T.V. serials. It is stated that the Plaintiffs from time to time supplied various equipments to the Defendants and total amount of Rs.24,58,000/- was outstanding. Thereafter, the matter was amicably settled and the Defendants agreed to pay Rs.7 lacs and a Memorandum of Understanding (MoU) was entered into, which is at Annexure-B to the plaint. However, out of the total consideration of Rs.7 lacs, only Rs.11,000/- were paid and balance sum has not been paid by the Defendants. Thereafter, after repeated requests a cheque of Rs.21,000/- was forwarded and now balance sum is Rs.6,68,000/- as the cheque of Rs.21,000/- has been adjusted. It is for the balance sum which has been demanded by the Advocate’s notice, that the summary suit is filed. 5 From reading of the plaint and annexures thereto, I am satisfied that the suit is maintainable as a summary suit as it is based on the written contract and sum payable is certain and fixed. The original documents are, therefore, taken on record and marked “X” for identification. There will be a decree as prayed. Advocate’s costs and refund of Court fees to be computed and payable as per rules. (S.C. Dharmadhikari, J)