1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1569 OF 1999 Mrs. Carmel Fernandes. .... Plaintiff. V/s. Stella Leo Rebello & Ors. .... Defendants. ....... Mr. Ganesh Rao i/b. Dinker Rao for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 24TH JANUARY 2008. P.C. :- The suit has been instituted for the recovery of an amount of Rs.1,28,168/- together with future interest. An agreement was entered into between the Plaintiff and one Leo Rebello, by which the developer is alleged to have agreed to develop the property of the Plaintiff bearing CTS No.262, Survey No.37 2 at Orlem, Malad (West), Mumbai. The developer is stated to have agreed to give one flat free of cost to the Plaintiff and according to the Plaintiff, there was an oral agreement that one garage would be provided. According to the Plaintiff, the developer failed to provide a garage as agreed and to pay certain amounts which are due and payable. A meeting is alleged to have taken place on 22nd June 1995 in which the developer is stated to have agreed to pay in all an amount of Rs.86,600/- to the Plaintiff with interest at the rate of 18% per annum. A cheque dated 31st August 1995 was issued in the amount of Rs.86,600/- which was dishonoured on presentation. The developer who was the brother of the Plaintiff expired on 16th October 1996 leaving behind the Defendants as his heirs and legal representatives. The suit has accordingly been instituted for the recovery of the amount of Rs.86,600/- together with interest from the date of the institution of the suit. The total claim on the date of the of the suit is Rs.1,28,168/- Further interest has been claimed. The Defendants have been served with the writ of Summons but have not entered appearance. The Plaintiff has filed an affidavit in lieu of examination in chief together with a compilation of the original documents. In the absence of any defence, the claim has 3 remained to be controverted. In the circumstances, the suit shall stand decreed in the amount of Rs.86,600/- on which the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the dishonour of the cheque until the date of the institution of the suit and at the same rate from the date of the institution of the suit until payment or realization. However, this shall be subject to the further direction that the decree shall operate only to the extent of the estate of the deceased which has come to the hands of the Defendants. ----- 4