1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.4755 OF 1995 NO.4755 OF 1995 NO.4755 OF 1995 Citi Citi Citi Bank N.A. Bank N.A. Bank N.A. ...... Plaintiff Plaintiff Plaintiff vs vs vs Ummed Ummed Ummed Marketing Pvt.Ltd .. Marketing Pvt.Ltd .. Marketing Pvt.Ltd .. Defendant Defendant Defendant Ms.Priya Ms.Priya Ms.Priya Borgaonkar Borgaonkar Borgaonkar i/b M/s M.V.Kini for i/b M/s M.V.Kini for i/b M/s M.V.Kini for Plaintiff Plaintiff Plaintiff CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 10th 10th 10th September, 2007 September, 2007 September, 2007 P.C. P.C. P.C. 1.1.1. Affidavit of service of the writ of summons has Affidavit of service of the writ of summons has Affidavit of service of the writ of summons has been been been filed. filed. filed. In the affidavit it is stated that the In the affidavit it is stated that the In the affidavit it is stated that the writ writ writ of summons has been duly served on the of summons has been duly served on the of summons has been duly served on the defendant defendant defendant in the year 1996. The defendants have in the year 1996. The defendants have in the year 1996. The defendants have not not not entered appearance within the time stipulated entered appearance within the time stipulated entered appearance within the time stipulated by by by law. law. law. Therefore, in view of sub rule 3 of Rule 2 Therefore, in view of sub rule 3 of Rule 2 Therefore, in view of sub rule 3 of Rule 2 of of of Order XXXVII of the Code of Civil Procedure, Order XXXVII of the Code of Civil Procedure, Order XXXVII of the Code of Civil Procedure, 1908 1908 1908 the allegations made in the plaint shall be the allegations made in the plaint shall be the allegations made in the plaint shall be deemed deemed deemed to be admitted by the defendants. to be admitted by the defendants. to be admitted by the defendants. 2.2.2. Hence, the suit is decreed as prayed. Hence, the suit is decreed as prayed. Hence, the suit is decreed as prayed. Certified Certified Certified copy is expedited. copy is expedited. copy is expedited. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2