IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1602 OF 2007 Dhiren Prabodh Parekh ...Plaintiff Vs. Technichem Organics Pvt. Ltd. ...Defendants ----- Mr.Ganesh M. Shetty for Plaintiff ----- CORAM: V.M. KANADE J. DATED: 15TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2. None appears on behalf of the Defendants, though they were served. 3. The Plaintiff has filed affidavit of service dated 13th August, 2007. The Plaintiff has also filed list of original documents. No appearance has been filed by the Defendants within 10 days from the date of writ of summons. 4. The Plaintiff has filed the summary suit on the basis of the goods sold and delivered by the Plaintiff to the Defendants. The Plaintiff has annexed the invoices and the lorry receipts confirming the delivery of the goods to the Defendants. The Defendants had issued two cheques for discharging their liabilities which were drawn on State Bank of Saurashtra, Isanpur, Ahmedabad in favour of the Plaintiff's proprietory concern. However, the said cheques were dishonoured. The Plaintiff called upon the Defendants to pay the said amount which was due and payable by the Defendants to the Plaintiff. The Plaintiff, therefore, has filed this suit. 4. The Defendants have not filed any appearance within 10 days from the date of service of writ of summons. Therefore, the Plaintiff is entitled for a judgment and decree as prayed. 5. Suit is decreed. The Defendants are directed to pay to the Plaintiff an amount of Rs.1,84,627/- with further interest thereon at the rate of 15% p.a. on the principal sum of Rs.1,28,448/- from the date of filing of the suit till the payment and realization. 6. Suit is disposed. The Plaintiff is entitled to get refund of Court Fees in accordance with rules. (V.M. KANADE J.)