1 mss SS1175 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1175 OF 2009 AMBALAL R. JAIN .. PLAINTIFF Vs. DEEPAK GUNAJI JADHAV & ANR. .. DEFENDANTS Mr. Ramesh Jain for the plaintiff CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. Mr. Jain appearing on behalf of the plaintiff states that the suit is filed on the basis of a Negotiable Instrument, which is a bill of exchange drawn by defendant No. 1 on defendant No. 2 and duly accepted. 2. It is stated that the amount therein was to be paid to the plaintiff but on presentation by the plaintiff, the bill of exchange has been dishonoured by both. Legal notice has been sent to both but the same has been received and acknowledged, yet not complied with. 3. From a perusal of the plaint, I am satisfied that, this court has 2 mss SS1175 territorial jurisdiction to entertain and try the suit. The suit is based on Negotiable Instrument Act and, therefore, Order XXXVII of the Code of Civil Procedure, 1908 could have been invoked by the plaintiff. The suit claim is within limitation. After receipt of the writ of summons, the defendants have failed to appear before this court. There is no dispute or denial of the plaintiff’s claim. In such circumstances the writ of summons is taken on record and marked “X” for identification. The original documents are taken on record and marked “X-1” Collectively. 4. There is no vakalatnama filed nor is there any dispute raised with regard to the claim. 5. The suit is decreed as prayed. Refund of court fees shall be granted as per rules. Advocate’s cost also will be computed as per the rule. Decree be drawn up accordingly. (S. C. DHARMADHIKARI, J.)