1 mss S1642 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1642 OF 2009 M/s. S. R. SANDAW & Sons .. PLAINTIFF Vs. M/s. BOSCH FERNS INC .. DEFENDANT Ms. Poonam Mital for the plaintiff CORAM: S.C.DHARMADHIKARI, J. DATED: 21/12/2011 P.C. The plaintiff has filed this suit as a summary suit to recover Rs.80,249/- as per the particulars of claim. 2. It is stated that the claim arises out a written contract as evidenced by the purchase orders, delivery challans and invoices. It is stated that the defendant approached the plaintiff in April, 2007 for purchase of the material. Thereafter the material was supplied and it was accepted without any protest or dispute with regard to the quality or quantity thereof. The invoice was also forwarded, receipt of which has been duly acknowledged. 2 mss S1642 The defendant was thus liable to pay the sum under the invoice and if it was not paid for a period of 15 days, then, the interest was also liable to be paid on the outstanding sum. It is on this basis that the suit has been filed in this court under Order XXXVII of the Code of Civil Procedure,1908. 3. The defendant carries on business within the territorial jurisdiction of this court. The claim in the suit is not barred by limitation. 4. The defendant was duly served and the affidavit proving service filed by the bailiff is taken on record and marked “X” for identification. That evidences that the original writ of summons has been duly served. The plaintiff has tendered documents including copies of the invoices, delivery challans which are also taken on record and marked “X-1 Collectively”. 5. Since there is no dispute raised to the claim nor is the defendant present to deny the liability, in terms of the statutory provisions and particularly when the defendant has failed to appear either himself and no appearance through an advocate is made that the suit is decreed as prayed. 6. Advocate’s cost and refund of court fees to be computed and granted as per rules. (S. C. DHARMADHIKARI, J.)