IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. SUM.SUIT No. 3437 of 2006. K. RAHEJA CORP PVT. LIMITED. a company having its registered office at Construction House(A), Opp. Telephone Exchange, 24th Road, Khar (W), Mumbai 400 052. ..Plaintiff. Vs. QUANTUM E-SERVICES PVT LTD. A company having its office at 103, Sagaraka Apartment, Opp Palm Grove Hotel, Juhu Tara Road, Mumbai 400 049. ..Defendant. Mr Prakash P Parkar, Advocate for the Plaintiff. None for the Defendant. CORAM: CORAM: CORAM: V. C. DAGA, J. V. C. DAGA, J. V. C. DAGA, J. DATED: DATED: DATED: 27. 03. 2008. 27. 03. 2008. 27. 03. 2008. JUDGMENT:- JUDGMENT:- JUDGMENT:- 1. The plaintiff has filed this suit against the defendant for recovery of Rs. 4,15,699.60 with interest thereon. 2. The plaintiff is a registered company carrying on its hotel business under the name and style "THE RESORT" at Aksa Beach, Madh Marve Road, Malad (W), Mumbai 400 095. ( 2 ) 3. The plaintiff has stated that the promoters of the defendant "M/s Quantum E Services Pvt Limited", have taken over previous company; namely, "M/s V-COLLECT GLOBAL SERVICES INDIA PVT LTD" and due to such takeover the defendant has taken over assets and liabilities of the erstwhile Company "M/s V-Collect Global Services India Pvt Ltd". That is how the suit claim is raised by the plaintiff against the present defendant. 4. The plaintiff has pleaded in the plaint that the Officers of "M/s V-Collect Global Services India Pvt. Ltd" and that of the present defendant has from time to time utilised the facilities provided by the Hotel run by the plaintiff. The defendant did not pay their outstanding dues inspite of the prolonged correspondence between the plaintiff and defendant. The plaintiff states that alongwith various correspondence, the bills raised from time to time, are filed on record including acknowledgements and confirmation of liability as spelt out in the plaint with all details and material facts and particulars were forwarded to the defendant. However, no payment was made by the defendant. That is ( 3 ) how the quantified claim of Rs. 4,15,695.60 has been raised against the defendant by the plaintiff. 5. Inspite of service of writ of summons, the plaint of summary suit, the defendant did not appear within a stipulated period of ten days from the date of service of summons. With the result, the plaintiff became entitled for decree forthwith. However, during the course of hearing finding absence of some of the acknowledgements of the some of the items in respect of which the claims are made, the plaintiff was directed to file original documents alongwith affidavit in support of the suit claim; which the plaintiff has filed and also produced its witness for examination. 6. The plaintiff has not only produced affidavit in support of the suit claim but has also produced voluminous documents in support of the suit claim coupled with the acknowledgements together with the evidence showing part payments made by the defendant from time to time resulting in acknowledgement of debt. ( 4 ) 7. The defendant inspite of service of summons did not appear, did not seek leave to defend, did not chose to contest the suit. In the circumstances, having satisfied with the documentary as well as oral evidence by way of affidavit filed on record, I have no option but to decree the suit. However, so far as rate of interest is concerned, considering the present rate of interest, in my view, it would be reasonable to reduce the rate of interest claimed by the plaintiff on the outstanding dues to 10% per annum since it is commercial transaction. ORDER. ORDER. ORDER. ----- 7. In the result, the suit stands decreed against the defendant in the sum of Rs. 4,15,699.60 ps with interest thereon at the rate of Rs. 10% per annum from the date of suit till realization of the amount in full and final with costs. 8. Decree be drawn up accordingly. (V.C. (V.C. (V.C. DAGA,J) DAGA,J) DAGA,J)