IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMONS SUMMONS SUMMONS FOR JUDGMENT FOR JUDGMENT FOR JUDGMENT NO. 445 OF 2003 NO. 445 OF 2003 NO. 445 OF 2003 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 933 OF 2003 SUIT NO. 933 OF 2003 SUIT NO. 933 OF 2003 Tilak Raj Gupta. ... Plaintiff. V/s. Top Syrige Manufacturing Co. and others. ... Defendants. Ms.Kavita Shah i/b. A.G.Shah for the plaintiff. CORAM CORAM CORAM : D.G. KARNIK, J. : D.G. KARNIK, J. : D.G. KARNIK, J. DATED DATED DATED : 22nd February, 2005. : 22nd February, 2005. : 22nd February, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Learned counsel for the plaintiff does not press summons for judgment and suit against defendant No.8. The summons for judgment and the suit against defendant No.8 are dismissed for want of prosecution. 2. Learned counsel for the plaintiff hands in affidavit of service dated 22nd February 2005 and list of documents. The affidavit and documents are taken on record and marked Exh.‘A’ and ‘B’ respectively. Despite service of the summons for judgment, the defendants have not applied for leave to defend the suit nor they have filed an affidavit-in-reply. In the circumstances, the averments made in the plaint are deemed to be admitted. The plaintiff is also entitled to a decree under order 37 rule 3(6)(a) of Code of Civil Procedure, 1908. 3. I perused the plaint and the original documents tendered. The defendant No.1 drew bill of exchange in favour of plaintiff on defendant No.4. Defendant Nos.2 and 3 are the partners of defendant No.1 firm and defendant Nos.5 to 7 are the partners of defendant No.4 firm. In the absence of any affidavit in reply the summons for judgment of the plaintiff is made absolute against defendant Nos.1 to 7 and the suit against defendant Nos.1 to 7 is decreed as follows: (i) Defendant Nos.1 to 7 shall pay to the plaintiff Rs.69,100/- together with interest thereon at the rate of 9% per annum from the date of the suit till payment and all costs of the suit. (ii) Issue court fee refund as per the rules. *****