SS1148-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1148 OF 2009 M/s.Anchor Mark Pvt.Ltd. ... Plaintiff Versus M/s.Life Care Neuro Products Pvt.Ltd. ... Defendant Mr.Raphael D’Souza for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 8th September 2010. P.C.: 1] This is a suit filed by plaintiffs for recovery of a sum under the Written Contract as evidenced by the invoices and delivery challans, details of which are set out in para 4 of the plaint. It is alleged that the receipt of goods was confirmed as the defendants submitted "C" forms to the plaintiffs for a sum of Rs.24,93,251/-. Further, it is stated that the goods were accepted without any complaint as to quantity and/or quality and had that not been the position, the defendants would not have forwarded the three cheques. These cheques were dishonoured on presentation and, therefore, once again a demand was raised but after that post dated cheques were also dishonoured. SS1148-09 2 2] Thus, the cheques issued, post dated or otherwise, have been dishonoured and therefore, payment reminders were sent and finally Advocate's notice followed. Advocate's notice has also been received, in the light of the confirmation of delivery and receipt by the Post and Telegraph department. 3] Thus, the suit is maintainable as a summary suit on account of written contract and the admission/ acknowledgement of liability so also on dishonoured cheques. The suit claim falls under Order XXXVII of the C.P.C. and in the light of the statements made in para 13 of the plaint, claim is within limitation. Further, this Court has granted leave under clause 12 of the Letters Patent and, therefore, territorial jurisdiction is with this Court. 4] There is no vakalatnama/ appearance filed despite receipt of writ of summons. The affidavit of service proving delivery of writ of summons has been filed on 23rd February 2010. That affidavit encloses an acknowledgement received by the Sheriff's office in original. The same SS1148-09 3 is, therefore, taken on record. 5] Office copy of the original invoices have been duly filed along with compilation. The original consignment form and original "C" forms are filed together with the office copy of the legal notice. All these documents are filed in compilation which is also taken on record. 6] In the light of the fact that there is no dispute raised nor their is any denial of liability, the suit is therefore, decreed. There will be a decree as prayed. Advocate's cost and refund of court fees as per rules. (S.C.DHARMADHIKARI, J)