1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.698 OF 2009 Vikas Gaurishankar Jhunjhunwala .. Plaintiff Versus M/s.Front Pac Industries and Ors. .. Defendants Mr.N.M.Shah for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 5th November 2009. P.C.: 1] It is stated by Mr.Shah appearing for plaintiff that the writ of summons has been duly served as is evidenced by affidavit proving service. However, despite receipt thereof, within the statutory period, the defendants have failed to file their Vakalatnama. In such circumstances, plaintiff is entitled to apply for ex parte decree. 2] Mr.Shah submits that the suit claim is based on written contract as evidenced by invoices and delivery challans under which the goods have 2 been despatched, duly received and no protest registered. The suit is therefore based upon the invoices being accepted without any demur or protest. The defendants are, therefore, liable to pay the sums thereunder which they have failed and neglected to pay. Demand notice has also been duly served but there is no response thereto. 3] After having satisfied myself that the suit claim can be entertained in accordance with the provisions of Code of Civil Procedure and that this Court has territorial jurisdiction to entertain and try the suit so also the suit claim is within limitation, that I proceed to take original documents along with compilation thereof on record. The same is marked as Exh.”X” for identification. 4] The suit is accordingly decreed in terms of prayers in the plaint. Refund as per rules. Advocate’s cost to be computed accordingly. C.C. Expedited. (S.C.DHARMADHIKARI, J)