1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.799 OF 2009 M/s.Mehta Pharmaceutical Industries .. Plaintiffs Versus Hezen Pharmaceuticals Ltd. .. Defendants Mr.P.V.Shah for plaintiffs None for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 27th August 2009. P.C.: 1] This is a suit filed under Order XXXVII of Code of Civil Procedure, 1908. It is stated that the suit is based upon written contract as evidenced by the delivery challans and invoices. It is stated that the defendants failed and neglected to pay for the goods despite taking delivery. They have never raised any dispute with regard to quantity or quality of the goods supplied under these invoices. 1 2] Plaintiffs have called upon the defendants to make payment with interest but the outstanding amount has not been paid and that is how the instant suit is filed. 3] Considering the fact that the necessary averments have been made, the claim is within limitation and it satisfies the requirement of Order XXXVII of C.P.C. so also finding that this Court has jurisdiction to entertain and try the suit, there is no impediment in passing the decree in favour of the plaintiffs and against the defendants. 4] Original documents along with list is taken on record and marked "X" for identification. The suit is decreed as prayed. Advocates' cost to be computed as per the rules. Decree to be drawn accordingly. Refund as per rules. (S.C.DHARMADHIKARI, J)