SS654-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.654 OF 2009 Nepani Components & Systems Pvt.Ltd. .. Plaintiffs Versus Jyoti Appliances & Ors. .. Defendants Mr.Ramesh Jain for plaintiffs CORAM : S.C.DHARMADHIKARI, J. DATE : 19th November 2010. P.C.: 1] This is a summary suit on written contract as evidenced by the purchase orders, delivery challans and invoices. The plaintiffs state that they have sold, supplied and delivered the goods covered by these invoices to the defendants and the defendants have accepted the same without any protest or dispute being raised. Thereafter, the defendants were called upon to make payment of the sum under the invoices. In part payment some post dated cheques were forwarded which on presentation were dishonoured. The details of the same are annexed to the plaint. Thereafter, there was Advocate's notice to which a reply SS654-09 2 is received admitting the liability and two demand drafts came to be forwarded. Despite giving due credit for the demand drafts, there is still outstanding a sum of Rs.2,85,000/- as per the particulars of claim. 2] Having perused the plaint and the annexures, I am satisfied that the claim of the plaintiff is under Order XXXVII of CPC and that this Court has territorial jurisdiction to entertain and try the suit. Bearing in mind the part payment, the claim is within limitation. Plaintiffs' Advocate files original documents along with affidavit proving service of the writ of summons. The same are taken on record and marked as "X" and "X-1" respectively. 3] For all these reasons and since the claim is uncontroverted, there will be decree as prayed. Accordingly, the suit is decreed. Advocate's costs to be computed as per rules. Refund of court fees as per rules. C.C. expedited. (S.C.DHARMADHIKARI, J)