IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1748 OF 2006. SUMMARY SUIT NO.1748 OF 2006. SUMMARY SUIT NO.1748 OF 2006. Vinod Doshi proprietor of Printijet Microfluids ..Plaintiffs versus German Ink Productions India Pvt. Ltd. ..Defendants Mr.Lancelot Lewis for the Plaintiffs None for the Defendants though served CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 14th Oct., 2008. DATED : 14th Oct., 2008. DATED : 14th Oct., 2008. P.C. 1. The plaintiffs had made payments to various authorities on behalf of the defendants and the defendants had acknowledged the said payments in terms of letter dated 9.6.2003. The defendant had also acknowledged the receipt of cash of Rs,35,000/- and had in the last paragraph of the said letter at Exhibit E admitted that they will try to pay the monies as early as possible. On the basis of this document, the claim as made by the plaintiffs for recovery of Rs.1,60,569/- being the principal amount. The plaintiffs have claimed interest at the rate of 24% per annum. Except -2- stating that the plaintiffs are entitled to recover interest at the rate of 24% per annum on the said principal amount, there is nothing stated in support of such claim. 2. I have perused the plaint. The evidence affidavit filed by Mr.Vinod Joshi, proprietor of the plaintiffs and the documents on which the plaintiffs want to rely upon and in particular letter dated 9.6.2003 at Exhibit E. 3. The defendants did not file vakalatnama on service of the Writ of Summons upon them in this summary suit. Hence, the matter was posted for ex-parte decree. 4. Considering the plaint as well as the documents and the affidavit in support, I am inclined to observe that the plaintiffs have shown that the defendants are liable to pay to the plaintiffs the principal amount of Rs.1,60,569/-. Decree to that extent will have to be passed. 5. In so far as the interest on the said amount, the claim of the plaintiffs at the rate of -3- 24% cannot be granted, in the absence of specific pleadings. In my view, if the interest at the rate of 12% per annum is granted on Rs.1,60,569/- it would meet the ends of justice. This interest ofcourse will have to be from the date namely 9.3.2003. 6. So far as the interest after the filing of the suit, the plaintiffs would be entitled to interest at the rate of 6% per annum in view of the provisions of Section 24 of the CPC. Hence I pass the following Order. ORDER i. Defendants do pay to plaintiffs Rs.1,60,569/- (Rupees One Lakh Sixty Thousand Five Hundred Sixty Nine Only) ii) Defendants do pay to plaintiffs interest at the rate of 12% per annum on Rs.1,60,569/- from 9.6.2003 upto the date of filing of the suit i.e. 6.6.2006. iii) Defendants do pay to plaintiffs interest at -4- the rate of 6% per annum from the date of filing of the suit till realisation. iv) Defendants do pay to plaintiffs cost of this suit. . Suit is disposed of accordingly. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)