1 sj-10-11-20 pmw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.10 OF 2011 IN SUMMARY SUIT NO.2773 OF 2010 Navin Kumar Jain & Ors. ...Plaintiffs V/s. M/s. Renumed Pharmaceutical & Ors. ...Defendants Mr.M.K.Jain i/b. by M.K. Jain and Associates for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 9TH DECEMBER, 2011. P.C. :- 1. The suit is based on an account stated and on dishonored cheques. It is sufficient to decide the suit on the basis that the account is settled and stated between the parties. The plaintiff had supplied goods to the defendants in respect whereof the defendant forwarded the statement of account which confirmed an amount of Rs.5,16,562.70/- to be due and payable by the defendants to the plaintiff. Thereafter, part payments were made leaving outstanding the amount claimed in the suit. 2 sj-10-11-20 2. The cheques issued towards payment of the balance amount were dishonored. However, those cheques were not signed by the defendant but by the defendant’s son. There is nothing on record to suggest that the son was a joint signatory to the account on which the cheques were drawn. In any event, the plaintiff is entitled to a decree on the basis of the account stated by the defendant himself. 3. There is nothing on record that militates against the plaintiffs’ case. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. Interest after the date of the suit shall be at 12% p.a. Costs to be quantified as per rules. Refund as per rules.