*1* ss.,946.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.946 OF 2009 Advance Metal Powder. ..Plaintiff -Versus- Mantek Weldaidflux Company. ..Defendant .......... Mrs.K.D.Shah, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 29th October, 2010. P.C. 1 This is a summary suit on the basis of the written contract as evidenced by purchase order, delivery challans and invoices. It is stated in the plaint that the goods under these documents were sold, supplied and delivered, so also, accepted by the Defendant without any protest or complaint. Part payment was made and for the balance, the suit is filed. The amount was demanded and finding that it was not paid, Advocate’s notice was issued. In a reply thereto, liabilities are admitted but the Defendant sought time. Thereafter, the Defendant sent a cheque for the balance sum which on presentation has been dishonoured. 2 The Plaintiff’s claim is within the ambit of Order XXXVII of the Civil Procedure Code, so also not barred by limitation bearing in mind the date of dishonour of cheque and prior thereto acknowledgment of the liability. 3 The Plaintiff has obtained leave under Clause-12 of the Letters Patent, therefore, this Court has territorial jurisdiction to entertain and try the suit. *2* ss.,946.09 4 The affidavit proving the service is taken on record and marked “X” for identification. The original documents are taken on record and marked “X-1” for identification. 5 The suit is decreed as prayed. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)