: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.3600 OF 2006 NO.3600 OF 2006 NO.3600 OF 2006 M/s.Ajib Investments Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 havints its registered office at "Gokul" Apts., Haridas Nagar, Behind Kora Kendra, Shimpoli Road, Borivali (West), Mumbai - 400 092. .. Plaintiff. Versus 1. Pushpa Gopichand Pardesi 2. Mahesh Gopichand Pardesi 3. Ramesh Gopichand Pardesi 4. Mukesh Gopichand Pardesi All of Bombay, Indian Inhabitants, residing at Walter D’Souza Plot, Vakola, Santacruz (E), Bombay - 400 055. .. Defendants. Mr.Rajan K.Karkera i/b.Aarkey Legal for plaintiff. None for defendants. : 2 : CORAM CORAM CORAM : : : V.C.DAGA, J. V.C.DAGA, J. V.C.DAGA, J. DATE DATE DATE OF OF OF PRONOUNCEMENT OF THE JUDGEMENT : 15/04/2008. PRONOUNCEMENT OF THE JUDGEMENT : 15/04/2008. PRONOUNCEMENT OF THE JUDGEMENT : 15/04/2008. JUDGEMENT JUDGEMENT JUDGEMENT :- :- :- 1. The plaintiff has filed this summary suit for recovery towards principal amount advanced under Agreement dated 4th November, 2004 and admitted by the defendants with interest thereon from 19th May, 2005 till the date of filing of the suit with future interest thereon under Section 34 of the Code of Civil Procedure. 2. The factual matrix reveals that under the Agreement dated 4th November, 2004, the defendants promised to pay sum of Rs.3,25,000/- within 90 days as stated in paragraph 11 of the plaint. The said payment was admitted by the defendants. The amounts were paid by the plaintiff to the defendants from time to time by different cheques as reflected on page 30 of the plaint. The receipt of the amounts has also been acknowledged by the defendants. Inspite of repeated demands, the defendants failed to pay the outstanding dues of the plaintiff. Consequently, the plaintiff filed this summary suit for recovery of the said amounts with interest : 3 : thereon. 3. On being served with the writ of summons, the defendants appeared through their Advocate and sought leave to defend the suit. The learned Single Judge (Dr.D.Y.Chandrachud, J.) was pleased to grant leave to defend suit subject to the deposit of an amount of Rs.75,000/- within a period of three months from the date of order. Upon deposit, the defendants were permitted to file their written statements within a period of eight weeks from the date of deposit. The defendants failed to deposit and did not comply with the order granting conditional leave. With the result, the plaintiff became entitled for judgement forthwith. 4. The plaintiff has filed an affidavit of evidence on oath and has produced the original documents in support of its suit claim. When the suit was called out, nobody was present on behalf of the defendants. The Non-Deposit Certificate has also been filed by the plaintiff on record. 5. In view of the failure on the part of the defendants to contest the suit, the suit claim stands decreed in favour of the plaintiff and against the defendants in terms of the following order :- : 4 : O R D E R R D E R R D E R a) The defendants do pay jointly and severally to the plaintiff a sum of Rs.3,25,000/- with interest thereon @10% per annum w.e.f. 19th May, 2005 till the date of filing of the suit and @6% per annum from the date of institution of the suit till full and final payment is made with costs Decree be drawn in terms of this order." (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)