-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDNARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2323 OF 2008. Kotak Mahindra Ivestment Limited ..Plaintiff. Versus M/s. Kissan International. ..Defendants. Mr. Ashish Kamath i/b M/s. V. Deshpande & Co., for the plaintiff. Coram : R. V. MORE, J. Date : January 7, 2010. P. C. : 1. The present suit is filed under the provisions of Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 1,46,39,482.80 paise together with further interest @ 16% per annum from the date of filing of the suit. Defendant no.1 is the partnership firm of which defendant nos. 2 to 6 are the partners. Mahindra & Mahindra entered into dealership agreement with Defendant no.1 on 20th January 2001. Pursuant to the orders placed by defendant no.1, Mahindra & Mahindra from time to time sold, supplied and delivered to defendant no.1 tractors, spare parts and accessories of the tractors. The books of accounts maintained by Mahindra & Mahindra discloses that a sum of Rs. 1,45,44,251.80 paise remains due and payable by the defendants to Mahindra & Mahindra as on 31st March 2007. -: 2 :- 2. Defendant no.1 by balance confirmation letter dated 18th April 2006 has admitted and acknowledged that a sum of Rs. 1,45,45,766.57 paise remains due and payable as on 31st March 2006. 3. The plaintiff has filed the above-said suit in pursuance of the deed of assignment dated 31st March 2007 entered into between Mahindra & Mahindra and themselves, under which the plaintiff is entitled to recover the above said dues from the defendants. 4. The writ of summons was served on the defendants by way of substituted service, i.e., by publishing the extract of the said writ of summons in the English daily newspaper "Free Press Journal" dated 7th May 2009 and one vernacular (Punjabi) newspaper - "Aaj Di Aawaj" dated 7th May 2009. Plaintiff has also filed service affidavit of one Mahesh Girkar, the managing clerk working in the office of the plaintiff'’s attorney. The extracts of the above newspapers are annexed to the service affidavit. 5. Inspite of the above position the defendants have not put their appearance in the suit, and therefore, the above suit is placed for ex-parte decree. 6. Learned counsel for the defendants has tendered a original documents, namely, letter dated 18th April 2006 by the defendant no.1's partner. I have perused the same. Letter discloses that the defendants admit their liability of Rs.1,45,45,765.57 paise to Mahindra and Mahindra as on 31st March 2006. As already stated, the rights of the Mahindra & Mahindra are assigned in favour of the present plaintiff by virtue of the -: 3 :- deed of assignment dated 31st March 2007. 7. Since the defendants have failed to put their appearance in spite of the due service, the averments made in the suit are deemed to have been admitted by them. Consequently, the plaintiff is entitled for decree as prayed for. Suit is therefore decreed in terms of prayer clause (a) with cost. Decree be drawn up accordingly. (R.V. MORE, J.)