1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2839 OF 2007 Himanshu Engineer, Pro. Hi-Tech International ... Plaintiff. Vs Maschinen Ritter-Wickltecnik GMBH ...Defendant. ------- Mr.D.S. Parikh with Mr. N.L. Thakkar i/b Mahenov Thakkar, for the Plaintiff. None for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATED : 12TH AUGUST, 2009 P.C. :- 1. The suit is filed to recover a sum of Rs.1,02,68,500/- together with interest at 12% p.a. from the date of filing of the suit till payment. 2. The claim in the suit arises on account of the commission payable by the Defendant to the Plaintiff for the sale of three machines by the Defendants to various parties through the Plaintiff. Correspondence was exchanged in respect of each of the sales. In the correspondence the Defendant expressly agreed to pay the commission to the Plaintiff in respect of the said sales. The commission payable to the Plaintiff in respect of the sale of three machines was 2 65000 euros, 15000 euros and 7000 GBP. 3. A compilation of documents is tendered on record and marked “A” (Colly). There is no written statement. The Defendant has not entered an appearance. The Defendant has not appeared today. There is nothing on record that militates against the Plaintiff’s claim in the suit. The exchange of correspondence clearly indicates that the Defendant had agreed to pay the Plaintiff commission as claimed in the suit. In any event, this is also a case where the averments and submissions contained in the Plaint ought to be accepted as correct in the absence of denial thereto. 4. In the circumstances, the suit is decreed as prayed. Refund as per rules.