1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 447 OF 2007 IN SUMMARY SUIT NO. 1822 OF 2007 Aargaon BPO Solution Pvt.Ltd. ....Plaintiff. Vs. M/s BITS Buiness Centre & Ors. ....Defendants. ---- Mr.R.M. Haridas, for the Plaintiff. None for the Defendants. ---- CORAM: S.J. VAZIFDAR, J. DATED : 3RD AUGUST, 2009 P.C. 1. The suit is filed to recover a security deposit placed by the Plaintiff with the Defendants under a leave and license agreement. Under the said agreement, the Plaintiff deposited with the Defendant a sum of Rs.18,39,600/-. After giving credit for the adjustments made by the Plaintiff, the claim in the suit is restricted to a sum of Rs. 11,08,291/- together with interest at 18% p.a. from the date of filing of the suit till payment. 2. The agreement is admitted. The deposit made with the Defendant is also admitted. It is contended, however, in paragraph 9 of the affidavit-in-reply that the Defendant is entitled to credit of 2 Rs.2,07,000/- towards construction of a toilet by the Defendant and Rs.2,75,000/- towards furniture expenses incurred by the Defendant. It is alleged that the Plaintiff accepted that in the event of premature termination of the leave and license agreement the cost incurred would be deducted from the security deposit. I will presume that what the Defendant actually meant was that they would be entitled to credit for the said amount. However, there is nothing in the agreement to this effect. There is nothing on record which establishes this alleged oral agreement. 3. In the circumstances, there is no defence to the suit. The Summons for Judgment is made absolute and the suit is decreed as prayed. 4. However, the interest shall be at 12% p.a. 5. Refund as per rules.