1 ss2227-2977-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2227 OF 2009 Bank of India .. Plaintiff versus Rajgopal Panguini Nair .. Defendant ALONGWITH SUMMARY SUIT NO.2977 OF 2009 Bank of India .. Plaintiff versus Prashant Lokayya Sanil .. Defendant Ms.Trupti Kadtarkar i/by M.V.Patange for the plaintiff. None for the defendant. CORAM : S.C.DHARMADHIKARI, J. 28th September 2011. P.C.: . The plaintiff-Bank is applying for ex-parte decree in summary suit on the basis that writ of summons is duly served but the defendant has failed to appear despite the packet having been received. Thus, there is no denial of the liability nor any dispute is raised to the claim of the Bank which is based on written contract under which certain facilities such as 2 ss2227-2977-09.doc credit card were extended. The record in relation to the said facilities including the books of accounts have been maintained in the ordinary and regular course of business by the plaintiff-Bank. The plaintiff-Bank, therefore, tenders the said original record and documents. 2 Having perused the plaint and the annexures so also the original documents, I am satisfied that the claim falls within the purview of Order XXXVII of the Code of Civil Procedure, 1908. This Court has jurisdiction to entertain and try the suit and no part of the plaintiffs claim is barred by limitation. In these circumstances, the affidavit proving the service is taken on record and marked “X” for identification. The original documents alongwith list are marked “X-1”. There will be decree as prayed. The advocates costs as also refund of Court fees be computed and granted as per the Rules. (S.C.DHARMADHIKARI, J)