-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2884 OF 2008 Shantilal Keshrimal Jain. ..Plaintiff. Versus Rangarao Sethunarayan. ..Defendant. Mr. Ramesh Jain for the plaintiff. Coram : R. V. MORE, J. Date : February 10, 2010. P. C. : 1. The suit is filed under the provisions of Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.1,11,441.09 paise alongwith interest @18% p.a. on principal sum of Rs.1 lac from the date of suit till realisation. The writ of summons alongwith true copy of the plaint was served upon the defendants on or about 8th October 2009 and service affidavit to that effect is also filed. However, the defendant has not appeared in the matter. Therefore, I heard learned counsel for the plaintiff. 2. The case of the plaintiff is that the defendant for valuable consideration and towards discharge of his liability towards the plaintiff drew and delivered cheque dated 9th August 2007 baring no.244840 drawn on HDFC Bank Ltd for an amount of Rs. 1 lac. The said cheque was drawn by the defendant for valuable consideration, namely, a sum of Rs.1 lac received by him at Bombay from the plaintiff. However, on -: 2 :- presentation, the said cheque was dishonoured vide memo of dishonour dated 13th August 2007. The plaintiff thereafter by letter dated 20th August 2007 informed the defendant about the above fact, calling upon him to pay the said sum of Rs.1 lac. The defendant has not bothered to reply this letter and therefore the plaintiff has filed present suit. 3. The plaintiff has filed compilation of original documents, namely, memo of dishonour dated 13th August 2007 and letter dated 20th August 2007. I have perused the same. The said documents support the plaintiff's averments in plaint. In that view of the matter and in the light of provisions of Order-XXXVII, Rule-2(3) of the Code of Civil Procedure, 1908, the defendant is deemed to have admitted the plaintiff's averments made in plaint. Suit is therefore decreed as prayed for. Decree be drawn up accordingly. Refund of Court fees as per rules. (R.V. MORE, J.)