IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 913 OF 2003 SUMMARY SUIT NO. 913 OF 2003 SUMMARY SUIT NO. 913 OF 2003 Navinbhai Virchand Jakharia ...Plaintiff vs. Jeevan Parekh & Anr. ...Defendants Mr.D.A. Barot for the Plaintiff. None for the Defendants. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 20, 2008 DATED : AUGUST 20, 2008 DATED : AUGUST 20, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel appearing on behalf of the plaintiff. None appears on behalf of the defendants. 2. By order dated 28th June, 2005, conditional leave was granted by this court to the defendant. The direction was given to the defendant to deposit an amount of Rs.3,50,000/- within twelve weeks. It was clarified that if the said amount is not deposited within the aforesaid period, the legal consequences would follow. More than three years have passed, however, the defendants have not complied with the conditional leave granted by this Court. 3. In view of Order XXXVII Rule 3 Sub-clause 6(b) on account of the failure on the part of the defendant - 2 - to comply with the conditions imposed by this Court while granting conditional leave, the plaintiff is entitled to judgment forthwith. Order XXXVII Rule 3 Sub-clause 6(b) reads as under :- ORDER XXXVII SUMMARY PROCEDURE Rule 3 - Procedure for the appearance of defendant. (1) xxxxxxx (2) xxxxxxx (3) xxxxxxx (4) xxxxxxx (5) xxxxxxx (6) At the hearing of such summons for judgment,- (a) xxxxxxx (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith." 4. In view of the aforesaid provision, the plaintiff is entitled for a judgment and decree. The - 3 - plaintiff was carrying on his business under the name and style of M/s.Fenil Textile as its sole proprietor. The plaintiff supplied and delivered to the defendants goods under the various bills for an amount of Rs.7,70,191/-. The said goods were delivered under the delivery challans. The defendants issued seven cheques towards the said bills, however, all the cheques were dishonoured after the plaintiff deposited the same in the bank. Thereafter, notice was issued to the defendants calling upon them to pay the said amount. However, no reply was given to the Advocate’s notice. The plaintiff, therefore, is entitled for a judgment and decree. 5. The suit of the plaintiff, accordingly, is allowed and the defendants are ordered and decreed to pay to the plaintiff a sum of Rs.7,90,620/- together with interest thereon at the rate of 6% p.a. on the principal sum from the date of the filing of the suit till the payment of costs to the suit. Refund of court fees is permitted as per Rules. - 4 - 6. Suit is disposed of in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)