1 ss1852-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1852 OF 2009 Ghisalal C. Shah .. Plaintiff Vs. Hatim Fakhiruddin Kotdawala and Anr. .. Defendants Mr.Ramesh Jain for the plaintiff CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. This summary suit is placed for exparte decree because despite receipt of writ of summons from this court, defendants have failed to enter in appearance. 2. Mr.Jain, learned counsel for the plaintiff, therefore, submits that the liability is not disputed and denied and hence, decree be passed in plaintiffs favour. He files affidavit proving service of writ of summons which has a report of the bailiff from the office of sheriff of Bombay. 3. Mr.Jain submits that the suit is based on bill of exchange dt.10.11.2007 which was drawn by defendant no.1 on defendant no.2 and the defendant no.2 2 ss1852-09 agreed to pay to the defendant no.1 or order the sum of Rs.90,000/- on demand. Bill of exchange was duly accepted and delivered by defendant no.2 on 10.11.07. This bill of exchange was presented on 10.12.07 for payment but it was dishonoured and that is how this suit is filed. 4. Mr.Jain submits that both defendants reside within the territorial limits of this courts jurisdiction and the claim in the suit is not barred by limitation. 5. Considering that the bills were dishonoured on 10.12.07 and the instant suit is filed on 26.06.09 and after perusing the averments in the plaint and the contents of the documents annexed thereto, I am satisfied that Order XXXII of the Civil Procedure Code could have been invoked by the plaintiff. Further, claim is within limitation and this court has territorial jurisdiction to entertain and try the suit. Original documents are taken on record and marked 'X' for identification. Affidavit proving service is marked 'X-1'. Defendants have failed to appear and there is no denial of the liability. Suit is therefore decreed as prayed. Advocate's cost be computed as per rules. Refund of court fee as per rules. ( S.C.Dharmadhikari, J. )