SS2751-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2751 OF 2009 Kusum Jayant Gada .. Plaintiff Versus Ambar Foods Pvt.Ltd. .. Defendant Mr.Birendra Saraf with Y.N.Adhia for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd September 2010. P.C.: 1] This is a summary suit under Order XXXVII of CPC filed for repayment of money under dishonoured cheques. These cheques were given for valuable consideration and the amounts due were confirmed by signing at the foot of the account and signing balance confirmation letter. The cheques issued for repayment were presented and on presentation dishonoured by the bankers and the remarks are also mentioned. There are letters acknowledging the debt. 2] From a perusal of the plaint and the annexures, I am satisfied that the claim is maintainable under Order XXXVII of the CPC. Further, the SS2751-09 2 defendant carries on business in Mumbai and resides at Mumbai. Therefore, this Court has jurisdiction to entertain and try the suit. 3] It is stated that the claim is not barred by limitation and my attention is invited to the fact that the letter acknowledging the debt is signed, executed and duly delivered within the period of limitation and, therefore, the period has been computed therefrom. So computed, the claim is within limitation. Learned Counsel appearing for plaintiff tenders compilation of documents which are true copies of the original documents. He states that the original documents are submitted in the court trying proceedings under section 138 of Negotiable Instruments Act. The compilation is taken on record and marked “X” collectively. 4] Having satisfied myself about each of these aspects, there is no impediment in passing a decree as prayed. Accordingly, there will be a decree as prayed in the suit. Advocates cost and refund as per rules. C.C. Expedited. (S.C.DHARMADHIKARI, J)