1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 544 OF 2009 Galaxy Office Automation Pvt. Ltd. ... Plaintiffs. V/s. M/s. Cavim Hospitality Services Pvt. Ltd. ... Defendants. Mr. S.L. Shah i/b. Shah Legal for the Plaintiffs. None for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 22nd SEPTEMBER 2009. P.C. :- This is a Suit filed by the Plaintiffs under Order XXXVII of the Code of Civil Procedure on the basis of the written contract as evidenced by the invoices and delivery challans. The goods sold thereunder have been duly accepted by the Defendants. They have not protested with regard to their quality and quantity. The Plaintiffs have demanded payment and the Defendants by their E-mails while acknowledging the dues have stated that they would make payment in November 2007. However, the payments have not been made despite repeated follow up. In fact, the Plaintiffs have acceded to the request of the Defendants and returned goods worth Rs. 3,95,086/-. For this sum due credit has been given. The balance sum is what is demanded repeatedly but the Defendants have not paid the same. In such circumstances, this Suit is filed as a Summary Suit. The Suit claim is within limitation inasmuch as the supplies have been made in the 2 year 2007 and the Suit is filed on 17th February 2009. Further, the Defendants are carrying on business at Bombay. In such circumstances, this Court has jurisdiction to entertain and try this Suit. 2. Since there is no dispute with regard to the liability and that no appearance is filed after receipt of the writ of summons within the period specified in law, the Plaintiffs are entitled to a Judgment and Decree in their favour. The Suit stands decreed as prayed. The original documents are taken on record and marked ‘P’ collectively. The Advocate’s costs to be computed as per Rules. Refund of Court fees as per Rules. (S.C. DHARMADHIKARI,J.)