1 nms763-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.763 OF 2011 IN SUIT NO.232 OF 2011 Doehle Danautic India Pvt. Ltd. ....Plaintiff V/s. Transcostal Cargo & Shipping Ltd. ....Defendant Mr.Vishal Sheth i/b Bimal Rajasekhar for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH JUNE, 2011. P.C. :- 1. The plaintiff seeks a decree on admission in the sum of Rs. 7.00 lacs together with interest at 15% p.a. from the date of the suit and/or till realization. 2. The suit is filed to recover the said amount as well as an amount of Rs.1.00 lac as according to the plaintiff, an amount of Rs.8.00 lacs is due and payable. 3. The defendant was served with a writ of summons in the third/fourth week of February, 2011. The defendant was served with the above notice of motion on 11.3.2011. The defendant however is absent and has not filed any affidavit in reply. 4. The exhibits to the plaint establish the fact that the defendant has expressly admitted its liability in the sum of Rs.7.00 lacs. By an e-mail 2 nms763-11 dated 23.4.2010, the defendant inter-alia stated that it had already remitted an amount of Rs.4.00 lacs and that the balance amount of Rs.7.00 lacs would be remitted as soon as possible. By a further e-mail dated 28.4.2010, the defendant stated that the State Bank of India was taking time to regularize its account and as soon as it would be done, it would remit the said balance amount. By a further e-mail dated 18.6.2010, the defendant confirmed that an amount of Rs.7.00 lacs was due and payable. 5. In the circumstance, the notice of motion is made absolute in terms of prayer (a).The suit shall proceed for the balance amount.