1 ss1853-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1853 OF 2009 Jitesh Navinchandra and Anr. .. Plaintiffs Vs. M/s.Pravinchandra and Co. and Ors. .. Defendants Mr.Prantik Majumdar i/b M/s.M.P.Savla and Co. for the plaintiffs CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. This summary suit is filed by the plaintiffs against the defendants for recovery of sum of Rs.2.0 lacs and it is stated that the defendant no.1 signed letter of confirmation acknowledging the receipt of the sum and that now Rs.2,36,500/- is due and payable. That liability is crystallized on 31.3.01. The plaintiffs have given these details in para 6 and has set out that the letter of confirmation dt. 31.3.01 and subsequent documents namely the TDS certificates evidencing payment of interest constitutes a written contract under which certain sum of money is due and payable. The account is duly confirmed and reliance is placed upon the decision of the Full Bench of this court reported in 2007 (3) 2 ss1853-09 BCR 772 [Jyotsna K. Valia Vs. T.S. Parekh and Co.] It is stated that despite legal notice full payment was not made. Some amount was forwarded in part for which adjustment has been made and for the balance this summary suit is filed. This balance is also duly confirmed as above. 2. Having perused the plaint and the annexures thereto, I am satisfied that the suit claim is maintainable under Order XXXVII of the Civil Procedure Code and that the same is within limitation. Further, the defendants are carrying on business within the territorial limits of this court. 3. In these circumstances, the original documents are taken on record and marked X for identification. The affidavit proving service is marked X-1 . Defendants ‘ ’ ‘ ’ have failed to appear despite service of writ of summons and therefore, there is no denial of the liability or dispute raised with regard to the same. Hence, the suit is decreed as prayed. Refund of court fee as per rules. Advocate s cost be ’ be computed as per rules. ( S.C.Dharmadhikari, J. )