*1* ss.1364.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1364 OF 2009 Hitesh L. Shah. ..Plaintiff -Versus- Vipul Dilip Shah. ..Defendant .......... G.G.Dave, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th November, 2010. P.C. 1 The Plaintiff has filed this suit under the written contract as evidenced by the delivery challans and invoices. The goods thereunder have been duly received and accepted by the Defendant without any protest or complaint. The Defendant has not made any payment save and except forwarding a cheque in part thereof. The details of part payment have been set out in paragraph Nos.4 and 5 of the plaint. The cheque on presentation came to be dishonoured. The Defendant has confirmed liability and despite this position, failed to respond to the demand notice. In such circumstances, the present suit has been filed. 2 Reading the averments made in the suit, I am satisfied that the suit is based on the written contract and therefore, maintainable as a summary suit under Order XXXVII of the Civil Procedure Code. The Defendant is residing within the territorial jurisdiction of this Court. By virtue of the fact that part payment is made on 17.10.2008 in furtherance of the invoice dated 17.09.2008 and the suit having been filed in this Court on 24.04.2009, it is within limitation. *2* ss.1364.09 3 It is in such circumstances, the affidavit proving service is taken on record and marked “X” for identification. The original documents as compiled in compilation are also taken on record and marked “X-1 collectively”. There will be a decree as prayed for. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)