1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.212 OF 2008 IN SUMMARY SUIT NO.1883 OF 2005 Educomp Solutions Ltd. earlier known as ..Plaintiff Educomp Datamatics Ltd. V/s Eupharma Laboratories Ltd. & anr. ..Defendants Mr.Simil Purohit i/b.H.S.Khokhawalla i/b.M/s.Nanakani & Associates, Advocate, for the plaintiff None for the defendants CORAM : R.M.SAVANT, J. DATE : 21ST NOVEMBER, 2008 P.C. 1. Mr.Simil Purohit appears for the plaintiff. None appears for the defendants though served. The plaintiff has filed the above suit for recovery of a sum of Rs.14,65,500/- as per the particulars of claim annexed and marked as Exhibit “K” to the plaint together with interest on the sum of Rs.12,00,000/- @ 18% per annum from the date of filing of the present suit. The amount claimed by the plaintiff is the 2 security deposit made by the plaintiff with the defendant No.1 pursuant to the business centre agreement dated 2nd June, 2001. Clause (9) of the said Agreement provides for the said security deposit made by the plaintiff. The said amount of Rs.20,00,000/- was deposited by the plaintiff vide four cheques which are mentioned in the said Clause(9). The said Clause(9) also provides for refund of the deposit on the expiry of the period for which the premises were let out to the plaintiff. It appears that on account of the disputes between the Directors of the defendant No.1 inter se the plaintiff terminated the said agreement and adjusted an amount of Rs.8,00,000/- which was payable by the plaintiff to the defendant No.1 upto 14th March, 2004 when the agreement was terminated. The plaintiff has therefore, claimed an amount of Rs.12,00,000/- with interest 18% per annum from 15th March, 2004 till filing of the suit the total claim of the plaintiff in the suit is Rs.14,65,500/-. 2. The plaintiff has annexed to the plaint a copy of the agreement dated 2nd June, 2001. The indemnity Bond given by the defendant No.1 dated 2nd June, 2001, irrevocable Guarantee dated 3 14th August, 2002, the notice of termination dated 7th November, 2003 and advocate's notice dated 26th May, 2004 calling upon the defendants to make the payment of the said amount of Rs.12,00,000/- with 18% per annum. 3. Though, there is reference in the papers that the case of the defendant No.1 has been referred to the Board for industrial and financial re-construction the learned counsel for the plaintif tenders an extract from Website of B.I.F.R. The status of the transaction in respect of the defendant No.1 Company being Case No.190 of 2003 and Case No.79 of 2002. The extract discloses that both the said references were dismissed. A copy of the extract is taken on record and marked “X” for identification. 4. The defendants have not applied for leave to defend the suit by filing an affidavit-in-reply. Looking to the provisions of Order XXXVII (3)(6)(a) the plaintiff would be entitled to a decree in terms of prayer clause (a). 4 (a) The plaintiff's suit is decreed in terms of prayer clause (a) of the suit is as follows :- That the defendants be jointly and severally be ordered and decreed to pay to the plaintiff a sum of Rs.14,65,500/- as per the particulars of the claim annexed and marked as Exhibit “K” hereto together with interest on the said sum of Rs.12,00,000/- @ 18% per annum from the date of filing of this suit till decree and thereafter at the same rate till payment or realisation with costs. (b) Summons for Judgment accordingly stands disposed of. (c) Certified copy of the decree is expedited. (R.M.SAVANT, J.) 5