1 ss2585-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2585 OF 2009 M/s.Ravi Developments & Anr. .. Plaintiffs Versus M/s.Shree Ram Tours & Travels & Ors. .. Defendants Mr.A.Dasgupta i/b. Jhangiani Narula & Associates for plaintiffs None for defendants CORAM : S.C.DHARMADHIKARI, J. 14th September 2011. P.C.: 1] Mr.Dasgupta appearing for plaintiffs states that the writ of summons in this suit was served on the defendants by RPAD on their address mentioned in the plaint and they have come back with postal remark “not claimed, intimation posted”. 2] In the light of the presumption raised in law, this is deemed to be good service of the writ of summons. Hence, this Court will proceed on the basis that the writ of summons has been duly served. 2 ss2585-09.doc 3] Mr.Dasgupta appearing for plaintiffs submits that this suit is filed as a summary suit under Order XXXVII of Code of Civil Procedure on the strength of dishonoured cheques which were issued in favour of the plaintiffs by the defendants. The cheques were issued as refund of the amount which was paid by the plaintiffs to the defendants for booking tour to Europe and as the tour was cancelled, the booking amount was claimed. The same was purported to be paid by cheques which on presentation have been dishonoured. A notice of dishonour was duly served and it has been received and in response thereto what has been stated by the defendants is that they have handed over cash of Rs.1 lakh but as far as the balance claim is concerned, the cheques in that behalf came to be dishonoured. 4] Upon reading of the plaint and the annexures so also on perusal of the original documents, I am satisfied that the claim falls within the purview of the order XXXVII of CPC; that this Court has jurisdiction to entertain and try the suit so also the suit is not barred by law of limitation. 3 ss2585-09.doc 5] In the circumstances, original documents are taken on record and marked “X” for identification collectively. The affidavit proving service is also taken on record and marked “X-1” for identification. The suit is decreed as prayed. Refund of court fees and Advocates cost to be paid as per rules. All concerned to act on an authenticated copy of this order. (S.C.DHARMADHIKARI, J)