1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1262 OF 2009 Nirmal B. Jain. ... Plaintiff. V/s. M/s. Hindustan Trading Company & Anr. ... Defendants. Ms. Neeta Solanki i/b. Kiran Jain & Co. for the Plaintiff. None for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 22nd SEPTEMBER 2009. P.C. :- The Plaintiff has filed this Suit under Order XXXVII of the Code of Civil Procedure, on the basis of a written contract, evidenced by the purchase orders, delivery challans and invoices. The goods thereunder have been duly received and utilized without any protest by the Defendants. In repayment of their dues under the invoices, the Defendants forwarded a cheque which has been dishonoured. 2. In these circumstances, in my view, the Suit is maintainable under Order XXXVII of the C.P.C. Further, from the original documents, it is apparent that the Suit claim is within limitation and the entire cause of action has arisen within the jurisdiction of this Court. Further, the Defendants are carrying on business at Chennai but leave under clause 12 2 of the Letters Patent having been granted, this Court has jurisdiction to entertain and try this Suit. The leave has not been revoked till date. 3. The Suit Summons came to be served by R.P.A.D. The packet has been dispatched on 10th June 2009. It is received on 12th June 2009. The Defendants have filed the Vakalatnama of Mr. Dinesh Mota, Advocate on 21st July 2009. The Vakalatnama has been placed under objection by the Registry for obvious reasons. The delay in filing of this Vakalatnama is not condoned by the Court. It is admittedly beyond the period of 10 days envisaged by Order XXXVII of the C.P.C. In these circumstances, this Court can proceed on the basis that there is no denial of the liability nor is there any dispute to raised to the claim. The Vakalatnama cannot be accepted now. Further, in the absence of any application to condone the delay, even the same cannot be condoned. The Defendants and their Advocates are absent when the Suit is called out. 4. In the circumstances, the Suit is decreed as prayed. The Original documents are taken on record and marked ‘P’ collectively. Advocate’s costs to be computed as per Rules. Refund of Court fees as per Rules. (S.C. DHARMADHIKARI,J.) 3