:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.441 OF 2005 Happenings Advertising Pvt.Ltd. .. Plaintiffs. Vs. Lee Ayurveda Pvt. Ltd. & Ors. .. Defendants. Ms.Priya Crasto for the plaintiffs. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 4TH JUNE, 2008. DATED : 4TH JUNE, 2008. DATED : 4TH JUNE, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the plaintiffs. 2. The suit under Order XXXVII of the Code of Civil Procedure, 1908 is based on two invoices, both dated 29.11.2003. The amount due under both the invoices is Rs.3,05,085/-. The plaintiffs is a limited company and carries on business as advertising agency. It appears that in pursuance of the request made by the defendants the advertisement were published by the plaintiff. For the advertising work done by the plaintiffs, they raised two invoices of Rs.2,55,085/- and Rs.1,50,000/-. The defendant did make a part payment of Rs.1,00,000/-. Insofar as the remaining amount is concerned, the defendant had issued cheque bearing No.588053 for Rs.3,07,000/- which on deposit was returned dishonoured by the bank and hence the plaintiffs have filed the instant suit. :2: :2: :2: 3. The defendants, though served, have failed to enter appearance. An affidavit has been filed stating that the service of writ of summons was refused by defendant nos.1, 2 and 4. This shall, therefore, be regarded as a valid service. The writ of summons has been duly served on defendant no.3. 4. In the circumstances, in terms of the provision of Order XXXVII of Code of Civil Procedure the plaintiff would be entitled to a decree. The suit falls within perview of order XXXVII and is within limitation. The claim has been duly proved on the basis of the material on record. 5. The suit is accordingly decreed as prayed with the modification that the plaintiff would be entitled to interest at the rate of 12% per annum from the date of the suit until payment or realisation. There shall be a refund of court fees, if any, as per rules. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)