1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.874 OF 2010 Fountainhead Promotions & Events P.Ltd. .. Plaintiffs Vs. Gitanjali Lifestyle Ltd. .. Defendants Mr.Sandeep Parikh with Ms.Kunti Jhaveri i/b M/s.Bilawala & Co. for the plaintiffs CORAM : S.C.Dharmadhikari, J. DATE : September 15, 2010 P.C. : 1. The plaintiffs have filed this suit as Summary Suit under Order XXXVII of the Code of Civil Procedure on the basis of a written contract evidenced by the invoices, so also, the acknowledgment of liability in the form of part payments made by the defendants after giving due credit. Therefore, balance sum due and payable was claimed but finding that the same was not paid, demand notice was issued which also was not complied with. 2. The original documents complied in the list have been filed. The plaintiffs have satisfied the court that the suit is maintainable under Order XXXVII of the Code of Civil Procedure and this court has territorial jurisdiction to 2 entertain and try the suit. Further, finding that the suit has been field in this court on 2.2.10 whereas part payments made by cheque is of 3.3.08, in such circumstances, the claim is not barred by limitation. 3. Having satisfied myself that the suit claim is maintainable under Order XXXVII of the Code of Civil Procedure and that there is no denial of liability nor is there any dispute raised thereto, suit is decreed as prayed. Advocates cost and refund of court fee be computed as per rules. If any, excess court fee is paid, the same also shall be refunded. 4. Mr.Parikh states that the plaintiff would require the original documents in some other proceedings. On the undertaking of the plaintiffs to substitute the originals with certified true copies, the Registry to return the originals after verification. ( S.C.Dharmadhikari, J. )