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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.1243 NO.1243 NO.1243 OF 1998 OF 1998 OF 1998 Mr.Satish Mr.Satish Mr.Satish Vora Vora Vora ...... Plaintiff Plaintiff Plaintiff vs vs vs M/s M/s M/s Tex Dyers Tex Dyers Tex Dyers ...... Defendant Defendant Defendant Mr.A.A.Khan Mr.A.A.Khan Mr.A.A.Khan i.b i.b i.b Gabriel Pillai for Gabriel Pillai for Gabriel Pillai for Plaintiff Plaintiff Plaintiff None None None for for for Defendant Defendant Defendant CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATED DATED DATED : : : 30th July, 2007 30th July, 2007 30th July, 2007 JUDGMENT JUDGMENT JUDGMENT 1.1.1. This suit is placed under the caption This suit is placed under the caption This suit is placed under the caption "undefended "undefended "undefended suits for ex parte decree". The suit suits for ex parte decree". The suit suits for ex parte decree". The suit isisis for recovery of the price of the goods sold and for recovery of the price of the goods sold and for recovery of the price of the goods sold and supplied supplied supplied by the plaintiffs to the defendants under by the plaintiffs to the defendants under by the plaintiffs to the defendants under four invoices dated 10th May, 1995, 31st May, 1995 invoices dated 10th May, 1995, 31st May, 1995 invoices dated 10th May, 1995, 31st May, 1995 and and and 6th June, 1995. 6th June, 1995. 6th June, 1995. 2.2.2. I have perused the averments made in the I have perused the averments made in the I have perused the averments made in the plaint. plaint. plaint. I have also perused the original documents I have also perused the original documents I have also perused the original documents which which which are tendered on record. The original are tendered on record. The original are tendered on record. The original documents documents documents are marked X (colly) for identification are marked X (colly) for identification are marked X (colly) for identification and and and are are are taken on record. Considering the averments taken on record. Considering the averments taken on record. Considering the averments made made made in the plaint and the original documents in the plaint and the original documents in the plaint and the original documents the copies copies copies of which are already annexed to the plaint, of which are already annexed to the plaint, of which are already annexed to the plaint, I find find find that this is a fit case for passing a decree that this is a fit case for passing a decree that this is a fit case for passing a decree by by by invoking sub rule 2 of rule 5 of Order VIII of invoking sub rule 2 of rule 5 of Order VIII of invoking sub rule 2 of rule 5 of Order VIII of 2 Code Code Code of Civil Procedure, 1908. of Civil Procedure, 1908. of Civil Procedure, 1908. 3.3.3. Accordingly, suit is decreed in terms of Accordingly, suit is decreed in terms of Accordingly, suit is decreed in terms of prayers prayers prayers (a) and (b). (a) and (b). (a) and (b). 4.4.4. The plaintiff will be entitled to refund of The plaintiff will be entitled to refund of The plaintiff will be entitled to refund of court court court fees, if any, in accordance with law. fees, if any, in accordance with law. fees, if any, in accordance with law. 5.5.5. Certified copy is expedited. Certified copy is expedited. Certified copy is expedited. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)