1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2160 OF 2010 Immediate Courier Express L.L.C. Plaintiff versus Sunil Dhutia Defendant Mr.H.Rahman i/by D.H.Law Associates for plaintiff. None for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 28th June 2011 PC : 1. The plaintiff has filed present suit for recovery of a sum of AED 108,385=00 equivalent to Rs.13,65,651/- with further interest thereon @ 18% p.a. from the date of decree till payment and/or realization. The suit is filed on a written contract dated 1st April 2009. According to the plaintiff the defendant has failed and neglected to pay the outstanding dues of the plaintiff despite repeated requests. The defendant failed to pay the outstanding dues despite receiving notice from the advocate for plaintiff dated 11th January 2010. Vide E-mails dated 18.1.2010 and 20.1.2010 sent by the defendant to the plaintiff, the defendant has acknowledged that payments are outstanding from the defendant to the plaintiff. 2. Today the matter has appeared under the caption "for ex-parte decree". The affidavit of service of writ of summons dated 20th September 2010 is on record. The plaintiff has also filed original documents on record. 3. In view of sub-rule (3) of rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. Accordingly, decree as prayed for. Refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)