1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1555 OF 2007 Romen Mohanlal Patel ....Plaintiff V/s. M/s I. M. B. Combines and ors ....Defendants Mr.M. A. Shah, i/b Mr. Arvind G Shah, for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 5TH NOVEMBER, 2009. P.C. :- 1. The suit is filed to recover an amount of Rs.7,68,650/- with interest @ l8% per annum on the sum of Rs.5,00,000/- from the date of suit till payment. 2. The suit is based on two dishonoured cheques. The cheques were issued by the Defendants towards the repayment of a loan of Rs.5,00,000/- granted by Plaintiff to the Defendants. Defendant Nos 2, 3 and 4 are the partners of Defendant No.1. A compilation of documents tendered in Court, is taken on record and marked as ‘A’. No appearance has been filed by the Defendants. Written statement of Defendant No.2 is on record. The same is, however, rightly under objection. There is no question of a written statement being filed in a summary suit 2 unless leave to defend is granted. Further the written statement has not been served upon the plaintiff or his advocate. 3. The Plaintiff’s claim is clearly established in view of the uncontroverted averments made in the plaint. There is nothing on record that militates against the plaintiff’s claim. 4. In view of the above the suit is decreed as prayed. Refund as per rules.