1 ss1865-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1865 OF 2009 Jigisha Satish Mehta .. Plaintiff versus M/s.Skylink Chemicals Pvt Ltd & Anr .. Defendants Ms.Neeta Solanki i/by Kiran Jain & Co for the plaintiff. CORAM : S.C.DHARMADHIKARI, J. 28th September 2011. P.C.: . Ms.Solanki appearing on behalf of the plaintiff tenders the affidavit proving service of writ of summons and the original documents. The original documents are taken on record and marked “X” collectively for identification. It is stated that the suit claim arises out of a written contract as evidenced by documents in the plaint as also on the basis of the non-payment for the goods sold, supplied and delivered by the defendant No.2 to the defendant No.1, for which the plaintiff was to receive the amount in the invoices from the defendant No.1. 2 Having perused the plaint and the annexures so also the original 2 ss1865-09.doc documents, I am satisfied, that the suit claim falls under Order XXXVII of the Code of Civil Procedure, 1908; that it is not barred by limitation, in the light of the averments in para 11 of the plaint and that this Court has jurisdiction to entertain and try this suit. The suit is, therefore, decreed as against defendant No.1 as prayed. Advocate’s costs be computed as per the Rules. Refund of Court fees as per the Rules. (S.C.DHARMADHIKARI, J)