- 1 - 13.ss.86.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 86 OF 2011 Knight Frank (India) Pvt. Ltd. ..Plaintiff -Versus- Krishna Sagar Builders Ltd. & Anr. ..Defendants .......... Mr.Ankit Lohia i/b Hariani & Co.for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE 2011. P.C. 1 Leave to amend by adding Exhibits ‘LL’ and ‘MM’ which remained to annex through inadvertence. Amendment to be carried out within two weeks from today. 2 This is a summary suit to recover an amount of Rs.16,65,740/- together with interest thereon at 24 % per annum from the date of the suit till payment. 3 The defendants did not enter their appearances. There is, therefore, no written statement. The defendants are absent today. - 2 - 13.ss.86.2011 4 Defendant No.2 was only acting on behalf of defendant no.1 and therefore no reliefs are sought against defendant no.2. At the request of defendant no.2 made on behalf of defendant no.1, the plaintiff agreed to carry out the work of valuation of certain immovable properties. 5 The plaintiff had forwarded its proposal for valuation of seven properties. The proposal contained the valuation details including the plaintiff’s fees. Defendant no.2 by an e-mail dated 4th October 2007 addressed to the plaintiff confirmed the acceptance of the proposal and called upon the plaintiff to raise the invoice on defendant no.1. The plaintiff accordingly raised an invoice for 50% of the amount. It is important to note that defendant no.1 paid the same by a cheque in the sum of Rs.7,50,000/-. 6 By an e-mail dated 19th October 2007, further properties were included for valuation. The plaintiff stipulated an additional amount of Rs. 6,43,000/- for the same. Thereafter, correspondence was entered into between the parties in respect of the valuation. A draft valuation report was forwarded by the plaintiff. 7 Ultimately, the plaintiff raised two invoices for the balance amount due in respect of the above agreements. - 3 - 13.ss.86.2011 8 It appears that the defendants in the correspondence denied even the liability to pay the same. Initially, the first defendant stated that it had paid the amount to defendant no.2. Subsequently, defendant no.1 denied the liability to pay altogether. In any event, no written statement has been filed. There is noting on record that militates against the averments and submissions in the plaint. There is no reason not to accept the same as correct. Interest was claimed by the advocates’ letter dated 23rd July 2009 at 24% per annum. 9 In the circumstances, the suit is decreed as prayed. However, further interest after the date of the suit shall be at 12% per annum on the amount of Rs.16,65,740/-. Costs to be quantified as per rules. -