1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 503 OF 2003 Vikram Kajaria ...Plaintiff vs. SAS Institute India Private Limited. ...Defendant Mr.Vikram A. Goel for the Plaintiff. Mr.Wajid I. Shaikh i/b. M/s.Ashok Pratap & Co. for the Defendant. CORAM : V.M. KANADE, J. DATED : FEBRUARY 4, 2010 P.C. :- 1 Heard Counsel for the plaintiff. Counsel for the defendant submits that he has not received any instructions from the defendant. 2 Though time was given to the defendant to file written statement, no written statement has been filed so far. Matter was transferred under the caption of Undefended Suits by order dated 26 th 2 November, 2009. The plaintiff has filed affidavit in lieu of evidence and compilation of original documents. Since no written statement is filed, the averments made by the plaintiff in the plaint are not controverted. He has tendered the original documents. 3 The plaintiff is carrying on business in the name and style of M/s. Makson Travels as its sole proprietor. The plaintiff gives cars on hire and also provides tourist taxis on hire in the city of Bombay. It is the case of the plaintiff that the defendant is a limited company and is carrying on business in computers and software programming. According to the plaintiff, one Rahul Patil was in the employment of the defendants and he required cars for their business. The defendants used to telephonically book cars for the people during the period from March 2000 to 24th April, 2000. The defendants booked cars over telephone from the plaintiff and in view of the said request made by 3 the defendants, the plaintiff supplied various cars to the defendants on hire basis. The plaintiff raised 43 bills and asked the defendants to pay an amount of Rs.97,712.25 being the amount of the hire charges payable by the defendants. The plaintiff issued a computer generated bills which were signed by the plaintiff. He has produced 43 xerox copies of the computer generated bills. It was agreed that the defendants would pay the bills on or before 7th day from the date of issue of bills. The defendants by their letter dated 2nd May, 2000 has acknowledged the said liability and stated that he would pay bills within 21 days from the receipt of the letter. However, since the amount was not paid, the plaintiff filed the suit on 15th November, 2002. The suit, therefore, is filed within limitation since cause of action had arisen between 12th March, 2000 to 24th April, 2000. It is filed within three years from the said date. The defendants have acknowledged their liability by letter dated 2nd May, 2000. The plaintiff is, therefore, entitled for a 4 judgment and decree as prayed. 4 Suit, accordingly, is decreed in terms of prayer clause (a). However, the rate of interest is modified from 24% to 15%. The defendants have deposited an amount of Rs.60,000/- in this Court which was invested in the Nationalised Bank pursuant to conditional leave which was granted by this Court. The plaintiff would be entitled to withdraw the said amount with interest accrued on it. Suit is disposed of. 4 Certified copy expedited. 5 Parties to act on the authenticated copy of this Order. (V.M. KANADE, J.)