1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.1652 of 2004 Prakash Kundnani .. .. Plaintiff v/s. Jayesh Gala .. .. Defendant Ms.Jayshree Surti i/by S.K. Srivastav & Co. for Plff. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 16th February 2009 P.C. : 1.This Suit is filed upon the Plaintiff's invoice dated 3.1.2004 under which certain goods have been supplied to the Defendant, signed by the Defendant constituting a written contract between the parties. The Plaintiff's Advocate' s Notice of demand sent to the Defendant under RPAD has remained unreplied. The writ of summons has been served upon the Defendant by Registered Post on 7.7.2004. It is signed by the Defendant. The Defendant has failed to enter appearance. The Plaintiff has tendered the carbon copy of the original invoice dated 3.1.2004 containing the signature of the Defendant. The Constituted Attorney of the Plaintiff has identified the Defendant's signature and pointed it out to the Court. The Constituted Attorney has also produced the original Power of Attorney which is seen and returned. For 2 want of appearance, this Suit is decreed as prayed. The carbon copy of the invoice containing the Defendant' s signature as identified by the Constituted Attorney of the Plaintiff and copy of the legal notice sent by Registered Post are taken on record and marked as Exhibit-A (collectively). 2.Refund as per Rules. (SMT.ROSHAN DALVI, J.)