-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3435 OF 2008. Nitin Pramod Samel. ..Plaintiff. Versus M/s. Ashrafi Steel Traders. ..Defendant. Ms. Deepali Bosamia for the plaintiff. Coram : R. V. MORE, J. Date : January 15, 2010. P. C. : 1. This suit is filed under Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 1,14,849.28 paise along- with interest @ 24% p.a. on principal sum of Rs. 99,008/-. The writ of summons alongwith a copy of the plaint is served upon the defendant, however, none appears on his behalf. The service affidavit is also filed by the plaintiff to that effect. 2. In the above circumstances, the abovesaid suit is placed on board for ex-parte decree. Heard Ms. Deepali Bosamia, the learned counsel appearing on behalf of the plaintiff. 3. The plaintiff is a proprietory firm doing the business of scrips. The defendant is also a firm. It is the case of the plaintiff that in pursuance of the order placed by the defendant, the plaintiff sold, supplied and delivered scrip material worth Rs. 99,008/- to the defendant under the Invoice dated 30th August 2007. The scrip material was received by the defendant under delivery challan dated 29th August 2007, which delivery challan is duly signed by the defendant. Since the defendant neglected to pay the amount mentioned in the invoice, the plaintiff gave notice to the defendant calling -: 2 :- upon him to pay the above amount of Rs. 99,008/-. This notice was replied to by the defendant on 3rd December 2007, whereunder the defendant stoutly denied the fact that he has placed any order or has received any scrip material under the abovesaid invoice. In the circumstances, the plaintiff had no option but to file the above suit. As already stated, the defendant has not put his appearance in the matter nor filed any application for leave to defend. 4. Learned counsel appearing on behalf of the plaintiff has filed affidavit-in-support of the present suit alongwith the list of documents. I have perused the contents of the affidavit. I have also gone through the original documents, namely, Invoice dated 30th August 2007 and Delivery Challan dated 29th August 2007. It is the specific case of the plaintiff that in view of their relations with the defendant, the goods were sent in advance. The delivery challan also shows that the goods, as averred, are received by the defendant. 5. The above averments made by the plaintiff in the suit are deemed to have been accepted by the defendant in view of the provisions of Order- XXXVII, Rule-2(iii) of the Code of Civil Procedure, 1908, and therefore the suit deserves to be decreed. The suit is accordingly decreed in terms of prayer clause (a). Decree be drawn up accordingly. Refund of Court fees as per the Rules. (R.V. MORE, J.)