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 NOTICE NOTICE NOTICE OF MOTION NO.1780 OF 2007 in OF MOTION NO.1780 OF 2007 in OF MOTION NO.1780 OF 2007 in SUMM.SUIT SUMM.SUIT SUMM.SUIT NO.1785 OF 1987 NO.1785 OF 1987 NO.1785 OF 1987 M/s Krishna Steel Distributors .. Plaintiff Vs. M/s Sudarshan Steel Company & anr..Defendants Mr.G.B.Kedia for Plaintiff Mr.N.K.Singh i.b Mr.M.P.Vashi for Deft no.2 Ms.Nita Sen i.b M/s Khaitan & Jaykar for Deft no.1 CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J DATE DATE DATE : 21ST JULY, 2008 : 21ST JULY, 2008 : 21ST JULY, 2008 P.C. P.C. P.C. 1. Perused the order dated 30.7.2000 in Notice of Motion No.1780/2007.(Shri S.C.Dharmadhikari, J) Admittedly, an amount of Rs.50,000/- has not been deposited. In view of this failure, the motions taken out by defendant no. 1 have failed for taking written statement on record. Even the defendant no. 2 has not filed any written statement on record. Mr.Singh who appears for defendant no.2, tries to inform the Court that the written statement was filed earlier. He says that in his brief he found a copy of the written statement. I am afraid his belief cannot be the proof of the fact that the written statement is filed. Both the defendants have thus failed to file the written statement. 2 2. Now the suit is pressed for ex parte decree. Perused the plaint. It is a suit for recovery of the price of goods sold and supplied to the defendant no. 1. The defendant no.1 tried to pay the amount through a cheque. It failed on presentation for payment. Thereafter despite demands the defendant no.1 failed to pay the amount. As against the defendant no. 2, it is said, they delivered the goods to the defendant no.1 without first insisting and obtaining the original consignment receipt from the defendant no.1. The averments have gone unchallenged. They are even otherwise believable. The events described in the plaint are usual incidents that occured in the day to day business of the parties. The suit deserves to be allowed. The suit is decreed against both defendants as prayed for. { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }