1 sj417.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 417 OF 2010 IN SUMMARY SUIT NO. 331 OF 2009 Fatema Mohd. Bamboat Prop. of Graphic Prints. ......Plaintiff. Vs. Raju Shah ......Defendant. Mr. A.A. Khan for the Plaintiff. Mr. Rahul Motkari for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATE :- 11/11/2011. P.C.:- The Plaintiff has filed this Summary Suit based upon the goods delivered. The learned counsel appearing for the Defendant makes statement that inspite of repeated instructions and communications, till this date he has not received any instructions from the Defendant. It means inspite of services of Suit as well as the Summons for Judgment, Defendant has failed to file any reply and failed to make any denial to the plaint as well as the affidavit in support of the Summons for Judgment. The documents with the Suit as well as the averments, therefore remained uncontroverted. Those averments and 2 sj417.10.sxw ssm documents show that the goods were regularly supplied and received by the Defendant without any objection. There is no denial to the said fact and/or any objection to the receipt of the goods at any earlier point of time as inspite of demand notice Defendant failed to make the payment. Therefore, in my view the Plaintiff has made out the case for grant of Summons for Judgment in view of above and basically as there is no defence whatsoever available and placed on record by the Defendant. 2 Resultantly, the Summons for Judgment is disposed of as prayed. The Summons for Judgment as well as the Suit are accordingly disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.)