1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3624 OF 1998 Pantaloon Fashions (I) Ltd. ..Plaintiff Vs. Rohit Mohta ..Defendant ----- Mr.Richa Bhardwaj i/b. Shah & Singhavi for Plaintiff None for Defendant ----- CORAM: V.M. KANADE J. DATED: 15TH FEBRUARY,2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2. None appears on behalf of the Defendant, though he has been served. 3. The Plaintiff has filed the Summary Suit on the basis of the franchise agreement dated 1st September, 1996. 4. The Plaintiff after entering into the said franchise agreement dated 1st September, 1996, the Defendant was appointed as the Franchisee of the Plaintiff on the terms and conditions stated therein and according to the said agreement, the Defendant was 2 duty bound to deposit the entire cash collections on day-to-day basis in the designated bank opened by the Plaintiff with the State Bank of India. However, the Defendant failed to deposit the cash in the designated bank account and failed to furnish the stock statement in terms of the agreement dated 1st September, 1996. Since these statements were not furnished, the accounts between the Plaintiff and the Defendant were reconciled and in pursuance thereto an agreement was arrived at in April, 1997 and the Defendant admitted, acknowledged and confirmed that the sum of Rs. 6,27,730/- was due and payable by the Defendant to the Plaintiff in terms of the franchise agreement dated 1st September, 1996. 5. In view of the agreement, the Plaintiff had permitted the Defendant to sell the goods and supply further stock of the goods. However, the outstanding amount was not paid. Therefore, the accounts were reconciled and the Defendant admitted by agreement dated 24.8.1997 and confirmed that a sum of Rs. 8,72,770/- was due and payable by the Defendant to the Plaintiff. Since the Defendant has not filed his appearance within 10 days from the date of service of the writ of summons, the Plaintiff is entitled for a judgment and decree as prayed. 3 6. Suit of the Plaintiff is, accordingly, decreed and the Defendant is directed to pay to the Plaintiff a sum of Rs.10,17,960/- with further interest on Rs. 8,72,770/- at the rate of 15% p.a. from the date of the suit till the payment and/or realisation. The Plaintiff is entitled to get the Court fees in accordance with rules. (V.M. KANADE J.)