1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 598 OF 2007 Kishore Ganeshmalji Jain ...Plaintiff vs. Uday Mohan ...Defendant Mr.Ramesh Jain for the Plaintiff. CORAM : V.M. KANADE, J. DATED : JANUARY 14, 2010 P.C. :- 1 Heard Counsel for the plaintiff. None appears on behalf of the defendant though he is served. The plaintiff has filed affidavit of service. No appearance is filed on behalf of the defendant in spite of service of writ of summons. The plaintiff, therefore is entitled for a judgment and decree in view of provisions of Order XXXVII Rule 2 Sub-clause 3 of the CPC. The plaintiff has filed list of original documents viz. Invoices and 2 the cheques which were given by the defendant and the Bank Memo whereby the cheque which was handed over by the defendant to the plaintiff was dishonoured by issuing bank viz. Canara Bank, the legal notice sent by the plaintiff to the defendant and the acknowledgment of the said notice by the defendant. The plaintiff sold and supplied and delivered the goods to the defendant from time to time on orders placed by him. Various invoices were issued. The defendant issued cheques for repayment of the said amount due and payable to the plaintiff. Several cheques, however, dishonoured when the plaintiff deposited the cheques in his bank. The plaintiff has, therefore, proved his case against the defendant. 2 The defendant, therefore, is directed to pay to the plaintiff a sum of Rs.86,496/- with further interest at the rate of 12% per annum from the date of the filing of the suit till payment and/or realization along with costs. Suit, 3 accordingly, is decreed in the aforesaid terms. Refund of Court fees be paid in accordance with Rules. 3 Certified copy expedited. (V.M. KANADE, J.)