:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 2828 OF 2003 NO. 2828 OF 2003 NO. 2828 OF 2003 M/s. Omega Synthetics. ...Plaintiffs. V/s. M/s. Seth Associates & Ors. ... Defendants. Mr. Siddharth Murarka i/b. S.K. Jain for the Plaintiffs. None for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . The Suit is placed for ex-parte decree at the instance of the Plaintiff. 2. The Suit Summons was duly served on all Defendants. Affidavit proving service has been filed and it is taken on record. No Written Statement is filed by the Defendants nor have they taken any steps to dispute the liability. 3. The Plaintiffs have filed an affidavit in lieu of examination in chief of the Karta of the Plaintiff which is a HUF. 4. The deponent has stated on oath as to how the :2: orders were placed, goods supplied, duly received and utilized by the Defendants. He has also given the details of the bills raised, payment received in part and return of some goods. The Suit is filed to recover the balance sum of Rs.2,41,070/- as on 31st March 2001. The Plaintiffs have also claimed interest on the said sum in terms of the stipulation in the invoices/bills. The suit claim is for Rs.4,26,181/-. The Suit notice has been duly served and received as is stated in para 11 of the affidavit. 5. The Deponent of the affidavit has proved the statements in the plaint and the contents of the documents relied upon. The documents are filed in originals with a compilation. All documents relied upon in the plaint as per the list are taken on record and marked ‘X’ collectively. The affidavit in lieu of examination in chief is marked ‘X-1’ for identification. 6. Having perused the plaint averments, it is apparent to me that the claim of the Plaintiff is maintainable before this Court. This Court has granted leave under clause XII of the Letters Patent which has not been revoked. With grant of such leave, this Court has territorial jurisdiction to entertain and try the present suit. Further, the suit claim is not barred by limitation inasmuch as after counting for the part payments, the Suit has been filed within the stipulated period. There is no :3: impediment in law for this Court to consider the claim and grant it. There is no dispute raised nor is their denial of their liability. The Defendants have failed to avail the opportunity to cross-examine the Plaintiff on their claim. There is no Written Statement filed and no defence to the claim. 7. For these reasons, the Suit is decreed as prayed. Advocates costs to be computed as per rules. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)