SS1649-09 1 YBG IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1649 OF 2009 Bob Capital Markets Ltd. .. Plaintiff Versus Manga Capsules Ltd. .. Defendant Mr.Abhishek Sawant i/b. Dinesh Parmar for plaintiff CORAM: S.C. DHARMADHIKARI, J. DATE : 23rd AUGUST, 2010. P.C. 1] From a perusal of the affidavit of service filed in the Court I am satisfied that the writ of summons has been duly served. The packet containing the plaint and annexures has been despatched at the registered office of defendant company and the same has been acknowledged. There is a stamp of the company affixed on the AD Card. Therefore, there is no need to issue fresh writ of summons. 2] The original documents have been filed by the plaintiff in the Court on 4th February 2010. 3] The Managing Director of the plaintiff has affirmed the plaint in accordance with law. The suit claim arises on account of the transaction referred to in paras 3 and 4 of the plaint. The plaintiffs agreed to provide their services for project appraisal work and an advance payment was made for the same. Subsequently, there is a written document executed viz., Memorandum of Understanding dated 11th November 2005. Services SS1649-09 1 aforementioned were rendered in accordance therewith and bills were raised for the same. Details of the bills have been set out in para 6. There were demand drafts which came to be forwarded in the sum of Rs.5,71,400/-. 4] Thereafter, further services came to be rendered and details thereof have been set out in para 7. The payments were made in part but the balance sum of Rs.9,82,809/- covered by the Bill No.9 dated 7th June 2006 remains unpaid, after adjusting amount paid by D.D. and cheques. The suit has been filed for recovery of this balance sum. 5] After obtaining necessary leave under clause 12 of the Letters Patent, the present suit has been instituted. The demands have been referred to and it has been stated that no part of the suit claim is barred by limitation. Further, the documents have been executed in accordance with law and even part payments have been made thereunder. The writ of summons has been duly served and there is no denial of the liability. No appearance has been entered by the defendants despite receipt of plaint and proceedings. The plaint has been filed on 6th July 2009 and the affidavit of service indicates that the writ of summons has been served through Sheriff of Mumbai and duly lodged in the registry on 22nd July 2009 as served. Original documents have already been filed on record. 6] In the premises aforesaid and there being no dispute or denial of the liability so also there being no impediment in law, a decree shall follow. The suit is decreed as prayed. Advocate's cost and refund of court fees as per rules. (S.C. DHARMADHIKARI, J.) SS1649-09 1