1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2245 of 2006 In Summary Suit No.6231 of 1999 Nandini N.Gaba .. .. Plaintiff v/s. Universal Steel Industries & ors. .. Defendants Mr.B.B. Parekh for Plaintiff. Mr.Sanjeev Kanchan for Defendants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th October, 2008 P.C. : 1. In the Summary Suit the Defendants were granted leave to defend on 15.4.2002. The Defendants were to file their Written Statement within 8 weeks of the said order. No Written Statement is filed. Hence this Notice of Motion is taken out for judgment under Order 8 Rule 10 of the Code of Civil Procedure. The Notice of Motion was sought to be served by RPAD. The Defendants were reported to have left the premises. The Notice of Motion has thereafter been served by affixing the same on the main door of the residence as well as the office premises of the Defendants. Such service has been effected on 4.10.2008 as per the directions passed on 29.9.2008. Affidavit of service is taken on record. The Notice of Motion deserves to be granted. 2 2. The Suit is filed on a Bill of Exchange dated 6.10.1997 for Rs.50,000/- . The Bill of Exchange is drawn by Defendant No.1 and accepted by Defendant No.3 who is a partner of Defendant No.1- Firm. The liability of Defendant No.3 is primary. It being a negotiable instrument, there is a presumption with regard to the consideration that passed under it. Despite leave no Written Statement having been filed, no defence is disclosed. The Plaintiff is entitled to a decree in the Suit under the provisions of Order 8 Rule 5 and Rule 10 of the Code of Civil Procedure. The Suit is decreed as prayed. The original documents are taken on record and marked Exhibit- A (collectively). 3. The Notice of Motion as well as the Suit are disposed of accordingly. [SMT.ROSHAN DALVI, J.]