1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.730 OF 2009 K.Nagaraj Shetty proprietor of M/s.Ganges Engineering & Chemicals .. Plaintiffs Versus M/s.Santogen Exports Ltd. .. Defendant Mr.Karunakar Shetty for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 5th November 2009. P.C.: 1] The plaintiff has filed this summary suit for recovery of sums due and payable under the written contract as evidenced by the invoices, delivery challans etc. 2] It is stated that the goods have been duly despatched, received and accepted by defendant without any demur or protest. On the invoices being forwarded for payment, the same have also been received by the defendant without any demur or protest but the defendant has failed to 2 pay the amount in pursuance thereof. Hence, the instant suit is filed. 3] The invoices provide for the time within which the payment has to be made, failing which it carries interest at the rate specified therein. Notices of demand have also been duly received. In these circumstances, the suit falls under the provisions of Order XXXVII of the C.P.C. The claim is not barred by limitation as has been pointed out in the plaint. Further, this Court has territorial jurisdiction to entertain and try the suit. 4] In these circumstances and when there is no vakalatnama filed despite receipt of writ of summons nor is the defendant contesting the claim and disputing the liability to pay, the suit can be decreed as prayed. There will be a decree as prayed. 5] Accordingly, the original documents along with list are taken on record and marked “X” for identification. Advocates’ cost to be computed as per rules. Refund of court fees as per rules. C.C. Expedited. (S.C.DHARMADHIKARI, J)