1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3583 OF 2006 Sanjeev Gupta. ...Plaintiff. Vs. M/s.Media Mindscapes & Ors. ...Defendants. .... Mr. G.B. Kedia for the Plaintiff. None for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 11, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been instituted for the recovery of an amount of Rs.5,72,500/- together with future interest. Pursuant to the order and a confirmation in writing by the Defendants, the Plaintiff agreed to display twenty hoardings on behalf of the Defendants. The Defendants issued a letter of confirmation dated 31st March 2006 acknowledging that an amount of Rs.13 lakhs was due and payable of which an advance payment of Rs.3 lakhs was made. Upon display of the hoardings, the Plaintiff issued a bill dated 14th April 2006 in the total amount of Rs.14,32,600/-. The bill provided that any 2 discrepancy was to be intimated within two days from the date of the completion of the painting of the hoardings. After receipt of the invoice, the Defendants by a letter dated 15th June 2006 made a payment of Rs.6 lakhs with a deduction of Rs.6,900/- on account of TDS. Though the Defendants claimed that this was a full and final settlement, the Plaintiff by its letter dated 16th June 2006, pointed out that since total payment of Rs.9 lakhs was made, there was an outstanding balance of Rs.5,32,600/-. The Defendants thereupon sought to raise a dispute by a letter dated 24th June 2006. The contention of the Plaintiff is that this dispute is raised for the first time after several months. An Advocate's notice was addressed on 16th August 2006 to which there was no reply. The suit has been accordingly filed for the recovery of Rs.5,72,500/- as per Particulars of Claim. The Defendants have failed to enter appearance despite service of the writ of Summons. Affidavit of service has been filed. The claim of the Plaintiff falls within the purview of Order 37 of the Code of Civil Procedure, 1908 since it is based on a written contract. 3 The suit has been instituted on 6th December 2006 which is within limitation. The Defendants have failed to enter appearance. In the absence of any contest, the Plaintiff is entitled to a decree under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The Plaintiff has filed a compilation of the original documents. The suit shall accordingly stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realisation. Refund of Court fees, if any, as per rules. ......