1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Sum. Suit No.2649 of 2008 Eastern Cargo Carriers (I) Pvt.Ltd. .. .. Plaintiff vs. MEGHA AIR & ors. .. .. Defendants Mr.G.J . Bijlani for Plaintiff. None for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. This Suit is filed against three Defendants. The Plaintiff has sent material of Defendant No.3, the exporter of the goods, to Spain through the Plaintiff's sub- agents, Defendant Nos.1 and 2. Defendant Nos.1 and 2 are not served. Defendant No.3 has been served with the writ of summons by Registered Post on 30.9.2008. The Plaintiff has applied for ex-parte decree against Defendant No.3 as Defendant No.3 has not entered appearance upon service of the writ of summons within 10 days as required. The Plaintiff has produced the original invoices and the Airway bill showing the freight paid as well as the dishonoured cheque issued by Defendant No.2 upon the Plaintiff. The averment in the Plaint showing that the Plaintiff sent the goods of Defendant No.3 to the consignee in Spain has remained uncontroverted. The 2 liability of Defendant No.2 has not been denied as claimed in the Plaint. The Suit is decreed as prayed against Defendant No.3 who has been served with the writ of summons. The original documents produced by the Plaintiff are taken on record. Refund as per rules. (SMT.ROSHAN DALVI, J.)