- 1 - 4.ss.1258.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1258 OF 2011 Rajendra Ram Kumar Avasthi ..Plaintiff -Versus- Ramesh Konthom ..Defendant .......... Mr.Laxmi Narayan i/b Legal Vision for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 2ND DECEMBER 2011. P.C. 1 The suit is filed to recover a sum of Rs.14,92,640.12 together with interest at the rate of 18% per annum from the date of filing of the suit. The defendant had subcontracted certain construction work to the plaintiff. The plaintiff carried out the said work in two flats in a building and general work in respect of the building. The same included all POP, punning and false ceiling work. The plaintiff raised invoices in respect of the work done. The same were accepted. Ultimately the plaintiff raised a final bill in the sum of Rs.29,50,354/-. The defendant made part payment of Rs. 12,88,191/-. After giving credit for the value of the material supplied by the defendant, the plaintiff raised a claim for the balance amount. - 2 - 4.ss.1258.11 2 The defendant had not raised any dispute upon receipt of the invoices. The defendant did not raise any dispute even thereafter. The plaintiff addressed several reminders for payment. For instance by a letter dated 17th November 2010, the defendant stated that as he had incurred a loss and not got any profit from the project, he was unable to pay the balance amount but would try to settle the same in the next project and requested the plaintiff to co-operate with him. 3 The plaintiff has examined himself by filing his affidavit in lieu of examination-in-chief. The defendant was absent. 4 The compilation of document tendered on behalf of the plaintiff was taken on record and marked ‘A’ collectively. 5 There is nothing on record and militates against the plaintiffs claim. I see no reason to disregard what the plaintiff has stated especially in view of the fact that there was no cross-examination and the fact that the defendant has not filed a written statement and has remained absent throughout. - 3 - 4.ss.1258.11 6 In the circumstances, the suit is decreed as prayed. However, the interest after the date of the suit is at the rate of 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -