*1* 22-sj-481-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srj SUMMONS FOR JUDGMENT NO.481 OF 2009 IN SUMMARY SUIT NO.2546 OF 2009 Bell Finvest (I) Ltd. (formerly known as Bell Marshall Tele System Ltd.,) .. Plaintiff V/s. On Wheels Logistics Pvt. Ltd. & Others .. Defendants Mr. Rupesh D. Sohoni, for Plaintiff. None for the Defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 7th December, 2010. P.C. 1 My attention is invited by the learned counsel appearing for the Plaintiff to the order dated 13th April, 2010 passed in Company Petition No.974 of 2009 and he submits that since Defendant before this Court who are Respondents to the Company Petition, consented to the order of deposit, but they have not complied therewith, this Summary Suit must be decreed. *2* 22-sj-481-09 2 In spite of this order, he has placed before me the fact that the Summary Suit is based on the promissory note and dishonored cheques which came to be forwarded in admission of the liability by Defendant No.1. and guarantee thereof by guarantors Defendant Nos.2 and 3. It is submitted that the amount of Rs.6 lacs which constitute the sum was demanded from time to time and since that was not paid, first Summary Suit was filed and then Company Petition was filed. It is submitted that since there is no compliance with the order passed in the Company Petition, it stands admitted. Therefore, he submits that in the absence of any affidavit in reply, he may be permitted to produce the original documents and seek a decree in the Summary Suit. If the Advocate for the Plaintiff produces the original documents along with the list, office to scrutinize the original documents and thereafter, place the suit for ex-parte decree. (S.C. Dharmadhikari, J)