1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.441 OF 2006 IN SUMMARY SUIT NO.397 OF 2005 Bob Asset Management Co.Ltd. ...Plaintiff. vs. M/s.Atcom Technologies Ltd. (formerly known as M/s.Atco Industries Ltd.) ...Defendant. --- Mr.A.B.Shinde, for Plaintiff. Mr.Nivit Shrivastava, for Defendant. CORAM: D.K.DESHMUKH,J. DATED: 9th January, 2007. P.C.:- 1. The plaintiff is claiming interest at the rate of 18% per annum. Admittedly, there is no contract between the parties for payment of interest at the rate of 18% per annum nor does the plaintiff rely on any document to claim interest at the rate of 18% per annum. The learned Counsel appearing for plaintiff then submitted that the 2 plaintiff is entitled to interest at the rate of 15% per annum. Perusal of paragraph (2) of the plaint shows that the plaintiff claims that the defendant allotted shares at the interest rate of 15% per annum. Perusal of the share allotment letter however shows that there is no stipulation for payment of interest, what is contemplated is payment of dividend. Thus, there is no document produced by the plaintiff on record to show that the defendant has agreed to pay interest at the rate of 15% per annum as claimed in paragraph (2) of the plaint. The defendant therefore has substantial defence to offer. The defendant therefore is entitled to unconditional leave to defend the suit. The summons for judgment is disposed of. The defendant is granted unconditional leave to defend the suit. Written statement be filed within eight weeks from today. ---