1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.180 OF 2009 Ghisalal C. Shah .. Plaintiff Versus Subhash Kacharu Mansukh & Anr. .. Defendants Mr.Ramesh Jain for plaintiff. CORAM : S.C.DHARMADHIKARI, J. DATE : 18th September 2009. P.C.: 1] This is a summary suit in which the writ of summons was duly served along with true copy of the plaint on the defendants on 2nd March 2009. They have so far not caused their appearance. Defendants have not even applied for entering an appearance by condoning the delay. 2] Consequently, plaintiff applies for decree in terms of legal provisions. 2 3] Mr.Jain on behalf of plaintiff submits that the suit is under Order XXXVII of C.P.C. And no relief not falling within the ambit of Rule 2, thereof has been claimed in this suit. The suit is based upon bill of exchange which was duly executed, accepted, presented but dishonoured. There is a notice after which the defendants made some part payment but default came to be committed later on. There is Advocate’s notice which also has been duly received and the defendants while acknowledging their liabilities, made further payment by cheque but that cheque was dishonoured. In these circumstances and considering the date of bill of exchange, I am satisfied that the suit claim is within limitation. The parties are also within the territorial jurisdiction of this Court so also the claim is within pecuniary limits. The entire cause of action has also arisen at Mumbai. 3] Learned Advocate for the plaintiff tenders original documents along with a list thereof. The same are taken on record and marked “X” for identification. 4] In the light of the above, the suit deserves to be decreed. It is 3 accordingly decreed. Advocates’ cost and refund of court fees as per rules. C.C. Expedited. (S.C.DHARMADHIKARI, J)