1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2872 OF 2009 Prakash Mohanlal Shah. ... Plaintiff. V/s. P.V.S. Beedies Pvt. Ltd. & Ors. ... Defendants. Mr. Prakash Shah with Pankaj Shah i/b. Siddhartha Shah & Associates for the Plaintiff. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 15th APRIL 2010. P.C. :- Taken up for ex-parte decree as the Defendants have not filed the Vakalatnama. This Suit is filed by the Plaintiff for recovery of professional fees as the Plaintiff in his capacity as an Advocate for the Defendants had rendered professional service to the Defendants. 2. On the earlier occasion, it was noticed that the Plaintiff had sent three bills viz. bill dated 7th March 2009, bill dated 17th March 2009 and bill dated 27th March 2009. On perusal of the particulars of claim it was noticed by the Court that further and better particulars of various bills are required. 2 Accordingly, the Plaintiff was directed to file affidavit explaining the details of the bills so as to ascertain the nature of the work done by the Plaintiff for the Defendants. The Plaintiff filed the said affidavit and a copy of the same was served upon the Defendants for their information. 3. Today, I have scrutinized the said affidavit and it is noticed that the Plaintiff has claimed certain amounts from the Defendants for some of the items which do not pertain to the affairs of the Defendants. In such a case, the Plaintiff cannot bill the Defendants. It is possible for the Defendants to bill the respective parties for the professional work done by him. After carrying out the exercise with the assistance of learned Advocate for the Plaintiff, it is noticed that the Plaintiff had rendered professional services as described in the said affidavit dated 22nd March 2010 and a sum of Rs.4,19,000/- is found due and payable in regard to the three bills. The Plaintiff is, therefore, entitled to a decree to this amount as and by way of a principal amount. The Plaintiff has claimed interest at the rate of 12% per annum as set out in the particulars of the claim. In my view, interest can be granted at the rate of 12% per annum. However, in the facts and 3 circumstances of the case, the interest can be granted from the date of filing of the Suit till realization. 4. In view of the above, I pass the following order :- (i) The Defendants do pay the Plaintiff Rs.4,19,000/- as and by way of principal amount. (ii) The Defendants do pay interest at the rate of 12% per annum on Rs.4,19,000/- from the date of filing of the Suit till realization. (iii) The Defendants do pay the Plaintiff costs of the Suit. (iv) Refund of Court fees granted as per rules. (v) Issuance of Certified Copy of this order is expedited. (R.Y. GANOO, J.)