1 ss1680-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1680 OF 2009 Kari Wife of Devsi Bhogesara .. Plaintiff Vs. Ashok Haridas Mapara .. Defendant Mr.S.M.Jain for the plaintiff CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. The plaintiff has filed a summary suit against the defendant and although writ of summons has been duly served, defendant has failed to appear. 2. Suit is based on a written contract as evidenced by the purchase orders, delivery challans and invoices. Further, suit is based on dishonoured cheques, details of which are set out in para 5 of the plaint. 3. There is an acknowledgment of liability by the defendant and that is how cheques were issued for due repayment of the amount under the subject invoices. Cheques on payment have been dishonoured and that is how this summary suit is filed. 2 ss1680-09 4. I am satisfied that the claim of the plaintiff is within limitation going by the date of the cheques, their presentation and dishonour. Further, defendant is carrying on business in Mumbai and hence this court has territorial jurisdiction to entertain and try the suit. 5. It is stated that the original cheques and original invoice could not be filed in this court because of the proceedings that are pending in the 23rd court Esplanade, Mumbai bearing Case No. 3095/SS/2006 and the documents have been exhibited during the course of the proceedings before the said court. 6. In such circumstances, affidavit be filed in this court on or before 23.12.10. Certified true copies of the original documents be then tendered in the court. On such affidavit being filed, documents will be marked as 'X' and affidavit proving service is marked as 'X-1'. Suit is decreed as prayed. Refund of court fee as per rules. Advocates cost be computed as per rules. ( S.C.Dharmadhikari, J. )