1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 70 OF 2009 Beekay Enterprises. ... Plaintiffs. V/s. Carissa Cardo Polymers Pvt. Ltd. ... Defendants. Mr. Mahesh Devani for the Plaintiffs. None for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 20TH AUGUST 2009. P.C. :- This is a Summary Suit filed by the Plaintiffs on the written contract as evidenced by the delivery challans and invoices more particularly set out in the plaint. Further, it is pointed out that the goods have been duly received and in due discharge of the liability to pay the sums under the invoices in question, cheques have been issued which, on presentation, dishonoured. 2. Thus, the Suit has been filed on the written contract as also on the dishonoured cheques and the sums evidenced by the documents are claimed. 3. It is pointed out that the entire transaction has been arrived at in Mumbai. The cheques were issued and delivered 2 to the Plaintiffs at Mumbai and their dishonour has also taken place at Mumbai. Thus, with leave under clause XII of the letters paten being obtained, as the Defendants are carrying on business outside Mumbai, this Court has jurisdiction to entertain and try the Suit. 4. In terms of the plaint averments, it is evident that the claim of the Plaintiff is maintainable under Order 37 of the C.P.C. and could be tried and disposed off in the Summary manner. The claim is within limitation as well. 5. The Defendants have failed to enter appearance despite being served with the Writ of Summons. In terms of the legal provisions, the Plaintiffs are entitled to a decree upon failure of the Defendant to enter appearance. The original documents are already filed which are taken on record and marked 'X' for identification. 6. In the light of the aforesaid, the Suit shall stand decreed as prayed. Advocate's costs to be computed as per rules. Refund of Court fees, if permissible. (S.C. DHARMADHIKARI,J.)