1 ss1189-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1189 OF 2011 Vyomesh Shah & Ors. ....Plaintiffs V/s. Naresh J. Shah ....Defendant Mr.Vikram Sathye with Ms.Jyoti Ghag i/b Thakore Jariwala & Associates for the Plaintiffs. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 8TH AUGUST, 2011. P.C. :- 1. The suit is filed to recover an amount of Rs.2,64,24,613/- together with interest at 12% p.a. on the principle amount of Rs. 1,85,00,000/-. 2. The parties had entered into an M.O.U. 19.9.2008, under which the defendant had agreed to sell to the plaintiffs a flat. Pursuant to the agreement, the plaintiffs paid the entire consideration of Rs. 4,50,00,000/-. Under the M.O.U. the amount was to be repaid by the defendant in the event of the sale not going through. 3. The M.O.U. provides for interest at 12% p.a. The sale did not go through. The defendant made part payments leaving the 2 ss1189-11 amounts claimed in the suit outstanding. In the course of correspondence, there was no denial of the liability. The compilation of documents is tendered in Court and marked Exhibit “A” collectively. 4. There is no defence to the suit. There is nothing on record that militates against the averments and submissions in the plaint. The defendant has not even entered appearance. 5. In the circumstances, the suit is decreed as prayed. Refund, if any, as per rules.