*1* ss.413.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.413 OF 2009 Kamlesh J. Jain. ..Plaintiff -Versus- Uday J. Rajpurkar and another. ..Defendants .......... Nisha Parmar a/w Tushar Goradia, for the Plaintiff. None for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 08th October, 2010. P.C. 1 The Plaintiff's Advocate states that the Plaintiff is seeking decree as against the Defendant No.1 at this stage. 2 The Defendant No.1 is duly served with a writ of summons and an affidavit proving the same is filed by the Bailiff attached to the Court of Sheriff of Mumbai. 3 The suit is filed against the drawer and bill of exchange. The bill of exchange is dated 12.03.2006. It was presented on 11.04.2006 and it was dishonoured. There is Advocate’s notice dated 02.04.2008 and the suit is filed on 12.11.2008. From the reading of the plaint, I am satisfied that the suit is maintainable as summary suit under Order-37 of the Civil Procedure Code and no relief not falling under Rule-2 thereof has been claimed. Further this Court has territorial jurisdiction to entertain and try the suit. The claim of the Plaintiff is not barred by limitation. 4 In such circumstances and when there is no denial of liability nor the Defendants have appeared to dispute the same, the suit can be *2* ss.413.09 decreed as prayed. 5 There will be decree as prayed. The Advocate’s costs will be computed as per rules. Refund of the Court fees as per rules. All original documents are taken on record. (S.C. Dharmadhikari, J)