1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3463 OF 2008 Vikas Nawalgaria ...Plaintiff Vs. Maharashtra Family Showroom and Anr. ...Defendants ----- Mr.N.M. Shah for Plaintiff None for the Defendants ----- CORAM: V.M. KANADE J. DATED: 6TH OCTOBER, 2009 P.C. 1. Heared the learned Counsel appearing on behalf of the Plaintiff. 2. None appears on behalf of the Defendants though they are served. 3. The Plaintiff has filed affidavit of service dated 20th February, 2009. Even after the service of writ of summons, no appearance has been filed by the Defendants within 10 days from the date of service of the writ of summons as provided under Order XXXVII of the Code of Civil Procedure, 1908. 4. The Plaintiff has filed original documents vis. 5 invoices issued by the Plaintiff to the Defendants, dishonoured cheques which were issued by the Defendants to the Plaintiff and were drawn on the State Bank of Hyderabad, Kalbadevi Branch, Mumbai, 2 Bank Memos of the dishonoured cheques, Plaintiff's advocate's notice dated 23.11.2008 addressed to the Defendants along with acknowledgment . 5. The Plaintiff has filed his Summary Suit on the basis of the goods supplied and delivered by the Plaintiff to the Defendants. The receipt was acknowledged by the Defendants. The Defendants had issued cheques, which were drawn on the State Bank of Hyderabad. However, the said cheques when deposited by the Plaintiff, have been dishonoured. 6. The Plaintiff, in my view, is entitled for a judgment and decree. The Defendants therefore, are directed to pay the Plaintiff a sum of Rs.99,797/- with interest at the rate of 15% p.a. on the said sum of Rs.99,118/- till the filing of the suit and/or realisation along with cost of the suit. 7. Suit is, accordingly, disposed of. 8. Refund of Court fees be paid in accordance with rules. (V.M. KANADE J.)