1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 3582 OF 2001 Sebastian Elias Pereira. .... Plaintiff. V/s. Dilip Atmaram Shirodkar. .... Defendant. ....... Mr. R.S. Tripathi for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 6TH FEBRUARY 2008. P.C. :- The suit has been instituted as a Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908. The Plaintiff was employed in the U.A.E. when the Defendant is alleged to have come in contact with the Plaintiff. On 17th June 1996, the Plaintiff is alleged to have paid to the Defendant a sum of 33,000 U.A.E. Dirhams followed 2 by two further payments of 63,000 U.A.E. Dirhams and 60,000 U.A.E. Dirhams on 23rd July 1996 and 24th December 1996. The last two payments were alleged to have been made in cheque. The Defendant is alleged to have paid a sum of 81,000 U.A.E. Dirhams on 25th January 1997. Subsequently, the Plaintiff is alleged to have furnished a further loan in the total sum of 1,64,000 U.A.E. Dirhams by two cheques dated 1st February 1997 and 26th February 1997. The Defendant issued a cheque on 1st April 1997 for the payment of 1,64,000 U.A.E. Dirhams which is stated to have been dishonoured. It has been stated that a sum of Dirhams 35,000 and Dirhams 14,000 was paid to the Plaintiff leaving in the balance a sum of Dirhams 89,000. On 5th March 1998, a Writing was executed by which the Defendant admitted a loan amount of Dirhams 89,000 equivalent to Rs.9,47,850/-. The suit has accordingly been instituted for the recovery of an amount of Rs.9,47,850/-. The plaint contains an averment in paragraph 18 that the Defendant is a permanent resident of Mumbai. The Defendant has been served by substituted service and an affidavit of service has been filed. The Defendant has failed to enter appearance. Consequently, in 3 terms of the provisions of Order XXXVII Rule 2(3) of the C.P.C., the Plaintiff would be entitled to a decree. The suit shall according stand decreed in terms of prayer clauses (a) and ( c ). ------