IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.96 OF 2008 Danjibhai N. Babaria .. Plaintiff Vs. Prakash Vaman Dalvi & Anr. .. Defendants Mr.Ramesh Jain for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . The suit has been set down on the board under the caption of "For exparte decree". The affidavit of service dated 20th May 2008 has been filed. The counsel for the plaintiff states that the defendants have not entered appearance within the time stipulated by law. 2. On 11th November 2005 the 1st defendant for valuable consideration of Rs.80,000/- received from the plaintiff drew a bill of exchange directing thereby the 2nd defendant to pay to the plaintiff for order at Mumbai a sum of Rs.80,000/-. It is stated that the bill of exchange was presented to the 2nd defendant on 12th December 2005 but the 2nd defendant dishonoured the same 2 by the non-payment. The 1st defendant also failed and neglected to make the payment.’ 3. A legal notice was issued by the plaintiff to the defendants through his advocate. However, there was no response to the legal notice and therefore, the present suit has been filed. The plaintiffs have tendered on record the original bill of exchange, an office copy of the demand notice and the envelope returned by the courier service. Considering the said documents and averments made in the plaint, the plaintiff is entitled to a decree as prayed for. 4. Hence, I pass the following order: (i) The suit is decreed as prayed for. (ii) The plaintiff will be entitled to refund of court fees as per the rules. (iii) The certified copy is expedited. (A.S.Oka,J)