: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.161 OF 2008 IN SUMMARY SUIT NO.1286 OF 2006 M/s.Krijal Software Ltd. ....Plaintiff V/s. M/s.Krishnonics Ltd. ....Defendant Ms.S.V. Thakkar for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 30TH AUGUST, 2008. P.C. : 1. The suit is filed to recover an amount of Rs.1,50,70,57/- together with interest at 18% p.a. on Rs.1,24,55,006/- from the date of the suit till payment. A compilation of the original documents is taken on record and marked Exhibit "A" collectively. 2. In respect of the dealing between the parties, each of them maintained an account. By a letter dated 26.12.2005, the Defendant requested the Plaintiff to forward an extract of the account to its office. The Defendant forwarded the account maintained by it to the Plaintiff stating that it had to give the same to the Income Tax Department. The Defendant further stated that the Income Tax : 2 : Department would also send a letter of demand to this effect to the Plaintiff. It is important to note that the account forwarded under cover of the said letter maintained by the Defendant itself states that the amount due to the Plaintiff was Rs.1,24,55,006/-. 3. Subsequently, pursuant to the demand of the Income Tax Department, the Plaintiff also forwarded the copies of the accounts maintained by it in respect of the Defendant which tallies entirely with the account maintained by the Defendant. 4. There was no reply on merits to the Plaintiff’s advocates notice demanding payment. The amount has also been acknowledged by the Defendant in its balance-sheet for the year ending 31.3.2005. There is no affidavit in reply. There is no defence to the suit. In fact the Plaintiff’s claim has been admitted. 5. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. However interest after the date of the suit shall be at the rate of 12% p.a. Refund as per rules. : 3 : The Plaintiff is at liberty to withdraw the original documents upon the same being substituted by copies thereof duly authenticated by the Plaintiff’s advocate to be true copies. The Plaintiff shall however make the originals available if required by the Court.