1 sj-19-ss-3251-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 19 OF 2009 IN SUMMARY SUIT NO. 3251 OF 2008. M/s. Agarwal Consultancy Services. ..Plaintiff. vs. M/s. Aquest Auto Pvt. Ltd. & Anr. ..Defendants. .... Mr. A.S. Ramesan, for Plaintiff. Mr. Vivek Gore, for Defendant Nos. 1 & 2. .... CORAM : S.J. KATHAWALLA, J. DATE : 10TH MARCH 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendants for a sum of Rs.21,39,278.11 paise along with interest thereon at the rate of 24% per annum on the sum of Rs. 14,16,740.47 from the date of filing of the Suit till payment or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed their appearance. The Plaintiff therefore took out Summons for Judgment being No.19 of 2009. At the hearing of the Summons for Judgment, the Plaintiff gave up the interest charged thereon and restricted its claim only to the principal amount of Rs.14,16,740.47. By an Order dated 4th April 2009, this Court granted conditional leave to the Defendants to defend the Suit subject to them depositing a sum of Rs.14,16,740/- within a period of ten weeks. An Appeal filed therefrom by the Defendants was dismissed in default. 2 sj-19-ss-3251-08 2. The learned Counsel appearing for the Plaintiff stated that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 4th April 2009 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on a written contract (Exhibits ‘A’, ‘B’ and ‘E’ to the Plaint). The Plaintiff has placed the documents on record. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendants in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiff has claimed interest at the rate 24% per annum on the sum of Rs.14,16,740.47 at the time of hearing of the Summons for Judgment. However, the Plaintiff is entitled to receive interest on the sum of Rs.14,16,740.47 from the date of the decree till payment or realisation. The transaction between the parties is a commercial transaction. Therefore, interest at the rate of 18% on the principal amount from the date of filing of the Suit till payment or realisation would be reasonable. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs. 21,39,278 (Rupees Twenty One Lacs Thirty Nine Thousand Two Hundred Seventy Eight Only) and simple interest 3 sj-19-ss-3251-08 thereon at the rate of 18% per annum from the date of the decree till payment or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Summons for Judgment is accordingly made absolute and the Suit stands disposed of. [ S.J. KATHAWALLA, J. ]