1 20 ss.3253.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3253 OF 2009 BOB Capital Markets Limited Company. ... Plaintiff Versus Balkishan Agrawal Glass Industries Ltd. ... Defendant ----- Mr. Abhishek Sawant i/b Dinesh Parmar for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 The suit is shown under caption “for ex-parte decree”. The learned counsel appearing for the Plaintiff pointed out that though chamber summons No.404 of 2010 taken out by the Defendant was made absolute by order dated 8 th December, 2010, the Defendants have not entered appearance. He states that the amount of costs payable under the order dated 8 th December, 2010 has not been paid. 2 The learned counsel appearing for the Plaintiff has tendered on record the original documents. The suit is for recovery of debt in money 2 20 ss.3253.09 and acknowledged in writing payable by the Defendant. The original Memorandum of Understanding dated 8 th November, 2006 is placed on record. 3 In view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a decree. 4 Accordingly, suit stands decreed in terms of prayer clauses (a) and (b). 5 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]