1 ss1570-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1570 OF 2009 Futarmal Achalaji Shah .. Plaintiff Vs. Prasad Alias Parsant J. Shetty .. Defendant Mr.Sohanraj Chopda for the plaintiff CORAM : S.C.Dharmadhikari, J. DATE : December 3, 2010 P.C. : 1. Mr.Chopda, the learned counsel appearing for the plaintiff states that the original documents in this case are filed in proceedings under section 138 of the Negotiable Instruments Act, 1881 and that certified true copies of the same are duly filed. He states that the claim arises out of dishonoured cheque that cheque was presented and dishonoured with remarks funds ‘ insufficient . Demand notice has been issued on 8.5.2009. Acknowledgment ’ states that it was duly received but there is no response. 2. On reading of the plaint and annexures thereto, I am satisfied that the suit is maintainable as summary suit and that this court has territorial 2 ss1570-09 jurisdiction to entertain and try it. Further, the claim of the plaintiff is within limitation. Defendant resides within the territorial jurisdiction of this court. 3. In the light of the above and finding that there is no denial of the liability nor any dispute raised by filing Vakalatnama and seeking leave to defend, the suit is decreed as prayed. The original documents are taken on record and marked 'X' for identification. Affidavit proving service is marked as 'X-1'. Refund of court fee as per rules. Advocates cost will be computed as per rules. ( S.C.Dharmadhikari, J. )