*1* ss.1285.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1285 OF 2009 Otarmal Kantilal and Company. ..Plaintiff -Versus- Gorakhnath K. Patil and another. ..Defendants .......... D.Jain i/b Tushar Goradia and Nisha Parmar, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th November, 2010. P.C. 1 This is a summary suit based on the bill of exchange. The bill of exchange was drawn by the Defendant No.1. The Defendant No.2 accepted it and delivered the bill of exchange to the Plaintiff on the same day. The Plaintiff when presented the bill of exchange for payment, the Defendant No.2 dishonoured the same. The fact of dishonour was informed to both Defendants. In such circumstances, the notice was issued and finding that there is no response to the notice, this suit is filed. 2 In such circumstances, I am satisfied that this suit is maintainable as a summary suit under Order XXXVII of the Civil Procedure Code. The claim of the Plaintiff is within limitation as explained in the plaint. Further this Court has territorial jurisdiction to entertain and try this suit. 3 For all these reasons, the original documents and the affidavit proving service are taken on record and marked “X” and “X-1” respectively for identification. There will be a decree as prayed for. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)