IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.59 OF 2008 Pfizer Products India Pvt Ltd. .. Plaintiffs Vs. Josika Marketing Pvt. Ltd. .. Defendant Mr.Basant Tilokani i/by M/s.Basant Tilokani & Co for the plaintiffs. None for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . The suit is set down on board for exparte decree. The plaintiffs have filed this suit for recovery of the price of the goods sold and delivered to the defendant. The case of the plaintiff is that pursuant to the orders passed by the defendant for supply of various pharmaceutical products, the plaintiffs sold, supplied and delivered to the defendant pharmaceutical goods. An invoice was raised in the sum of Rs.12,43,575/-. According to the case of the plaintiffs, the defendants issued a cheque in the aforesaid amount which was dishonoured. Advocate’s notice dated 20th June 2005 was issued by the plaintiffs to the defendants calling upon them to pay the amount. 2 However, the amount has not been paid. 2. It is stated that affidavit of service dated 22nd February 2008 has been filed. It is stated that the defendant has not entered appearance in terms of sub rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. 3. The plaintiffs have tendered on record certified true copies of the invoice, dishonoured cheque, memorandum of dishonour, advice, an office copy of notice of demand and postal acknowledgment. The counsel for the plaintiffs stated that the originals have been filed in the Court of learned Metropolitan Magistrate in the complaint filed by the plaintiffs under section 138 of the Negotiable Instruments Act, 1881. The certified copies have been issued by the Court of the learned Metropolitan Magistrate. In view of averments made in the plaint and the aforesaid documents, the plaintiffs are entitled to a decree as prayed for. 4. Hence, I pass the following order: (i) The suit is decreed in terms of prayer clause (a). 3 (ii) The plaintiffs will be entitled to refund of court fees as per rules. (iii) Certified copy is expedited. (A.S.Oka,J)