1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1476 OF 2007 M/s.Mediheights Healthcare Pvt.Ltd. ...Plaintiff. Vs. M/s.Emedlife Health Services & Anr. ...Defendant. .... Mr. C.N. Chavan i/b. N.R. Patel for the Plaintiff. None for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908, for the recovery of the amount due under bills raised by the Plaintiff upon the Defendants in respect of pre- employment health check ups. In pursuance of a letter addressed at Exhibit B to the Plaint, the Plaintiff conducted pre-employment health diagnosis check ups and raised bills dated 19th April 2004, 17th May 2004 and 17th June 2004. The amount of Rs.275/- per candidate was billed in 2 accordance with the letter Exhibit B to the Plaint. The amount has not been paid despite notices of demand. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in terms of prayer clauses (a), (b) and (c ). The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....