1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.45 OF 2008 WITH SUMMARY SUIT NO.2652 OF 2007 Vodafone Essar Ltd. ....Plaintiff V/s. Harshad Chavan ....Defendant Ms.Pooja Kshirsagar i/b Dholakia Law Associates for the Plaintiff. Mr.Devang H. Shah for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 11TH AUGUST, 2009. P.C. :- 1. The suit is filed to recover the amounts due in respect of the mobile telephone facilities granted by the Plaintiff to the Defendant. 2. That facility was granted by the Plaintiff and availed of by the Defendant, is not disputed. The Defendant paid the amounts due till November, 2005. Thereafter the Defendant failed and neglected to pay the amounts as a result whereof, the Plaintiff discontinued the facility. The bills for the months of November, 2005, December, 2005 and January, 2006 remained to be paid. While the receipt of the notices demanding payment are denied, the receipt of the bills is not denied. There was no protest to the bills atleast in writing. The bills refer to various international calls. 3. On behalf of the Plaintiff, a compilation of the documents is tendered. The same is taken on record and marked Exhibit “A” collectively. 2 As stated above, the facility was availed of. There was no protest regarding the bills which were admittedly received by the Defendant. The disputes regarding the excess billing have been raised for the first time in the affidavit in reply. There is therefore, no defence to the suit. 4. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. However, interest shall be at the rate of 12% p.a. Refund as per rules.