mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.426 OF 1997 Trimbak Industries Ltd. Plaintiff versus Sofea Bvba Defendant Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.R.M.Pardiwala i/by Mulla & Mulla & CBC for plaintiff. None for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 21st February 2011 1. Heard learned counsel appearing for the plaintiff. The suit is placed on board under the caption "ex-parte decree". The defendant has not entered the appearance in spite of service of writ of summons. The original documents are placed on record. 2. In view of sub rule (3) of Rule 2 of Order XXXVII of the CPC, 1908, a case is made out for passing a decree. 3. The suit is accordingly decreed in terms of prayer clause (a). 4. The plaintiff will be entitled to refund of court fees, if any, as per rules. (S.J.KATHAWALLA, J.)