- 1 - 12.SS.887.2010 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.887 OF 2010 Vishal Pankaj Dedhia ..Plaintiff -Versus- KMF Builders & Developers Ltd. ..Defendant .......... Ms.Deepti B. Mistry i/b Vaibhav Mehta & Associates for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH OCTOBER 2011. P.C. 1 The suit is filed to recover the amounts due and payable as per the memorandum of understanding entered into between the parties dated 22nd September 2008. Under clause 05, the defendant is liable to pay a sum of Rs.7 lakhs plus applicable service tax and other dues as cesses for the services rendered by the plaintiff to the defendant. 2 The defendant made payment of Rs.1 lakh by a letter dated 11th January 2009. The defendant agreed to pay the amounts in two months. The defendant, however, failed to make payment thereof despite demands. There is no reply to the defendant’s advocates’ notice dated 8th May 2009 - 2 - 12.SS.887.2010 demanding payment. The plaintiff has tendered in Court, a compilation of document which is taken on record and marked ‘A’ collectively. 3 There is nothing on record that militates against the plaintiff’s claim. This is a fit case to accept the averments and submissions contained in the plaint as correct. There is no defence to the suit. There is no provision for the interest in the memorandum of understanding. However, interest was demanded under the Advocates’ notice dated 8th May 2009 at the rate of 18% per annum. 4 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. -