1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2078 OF 2009 Vijay Hirji Visaria. ... Plaintiff. V/s. Piyush Premji Chheda. ... Defendant. Mr. Manish Kenia i/b. Legal Spectrum for the Plaintiff. None for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 4th DECEMBER 2009. P.C. :- The Suit is filed on the basis of a Demand Promissory Note dated 1st April 2008 which has not been honored by the Defendant. Thereafter, he forwarded a cheque which also came to be dishonored. Thus, the plaint averments of the Defendant approaching the Plaintiff and seeking financial assistance thereafter executing the above instruments are not disputed. There is no response to the demand notice although it was duly received. The averments in the plaint are not controverted. Having perused them, I am satisfied that the Suit is maintainable as a Summary Suit, that the claim is within limitation and that this Court has jurisdiction to entertain and try it. 2. Since the Defendant has failed to file Vakalatnama despite receipt of the Writ of Summons, the original 2 documents are taken on record and marked ‘X’ for identification. 3. There will be a decree as prayed in favour of the Plaintiff as against the Defendant. Advocates costs to be computed as per Rules. Refund of Court fees shall also be permissible as per Rules. (S.C. DHARMADHIKARI,J.)