1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 838 OF 2007 Writers & Publishers Ltd. ..Plaintiff. Vs. Prime Agricultural Commodities. ..Defendant. Mr. A Davar with Ms. Pranita Mhatre Dhane i/by M/s. S. Satpute & Co. for the plaintiff. None for the Defendant. CORAM : R.S. MOHITE, J. DATE : 4th Aug. 2010 PC : 1 Compilation of documents dated 4.8.2010, affidavit in support of the documents dated 3.8.2010 and affidavit in lieu of examination in chief dated 3.8.2010 are taken on record. Matter is listed as an undefended suit for ex-parte decree. All the documents in the compilation are exhibited as Exhibits A to H as shown in the list. Office to mark the documents physically. 2 The plaintiff’s suit is for decree directing the defendant to pay to the plaintiff Rs. 47,76,907/- as per the particulars of claim being Exh-I annexed to the plaint. The amount claimed consists of amount of Rs.25.00 lacs being the amount given by the plaintiff to the defendant under leave and licence agreement as security deposit, Amount of Rs.16.00 lacs is 2 claimed as interest on this amount at the rate of 16% p.a. which is the agreed contractual interest as provided for in the agreement itself, amount of Rs.40,019.07 is the amount claimed by the plaintiff as society maintenance charges paid for and on behalf of the defendant No.1 and Rs.75,000/- is claimed as regular maintenance charges paid to the society for and on behalf of the defendant No.1 from 1.11.2006 to March,2007. 2 The Defendant has been served through a publication in accordance with an order passed by this court and the affidavit of service has been filed. The defendant has chosen not to file the written statement. In the circumstances, the averments made in the plaint are deemed to have been admitted. In any case, most of the averments are proved by an affidavit in lieu of examination in chief and the documents as produced and exhibited. It is seen from the agreement that an amount of Rs.25.00 lacs was paid as security deposit by the plaintiff to the defendant No.1 company. The agreement itself provides for, in the event of default in repayment of security deposit, interest would be charged at the rate of 16% p. a. However, I find that as regards the claim relating to money paid to the society, firstly there is no documentary evidence produced. Secondly, the agreement did not require the plaintiff to make any payment directly to the society. That part of the claim, in my view, cannot be decreed. Suit is 3 therefore, decreed in terms of prayer clause (a) to the extent of Rs.41.00 lacs with future interest at the rate of 16% p.a. till the actual payment and or realization of the amount subject to the condition that on realization of the amount, the plaintiff will be liable to hand over the vacant possession of the premises to the defendant and will not create any third party interest in the suit flat in the meanwhile. (R.S. MOHITE,J.)