*1* ss.786.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.786 OF 2009 Kantilal B. Jodhavat. ..Plaintiff -Versus- Kiran H. Joshi. ..Defendant .......... Ramesh Jain, for the Plaintiff. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 29th October, 2010. P.C. 1 It is stated that a post dated cheque was drawn by the Defendant in favour of the Plaintiff for valuable consideration. The cheque is in the sum of Rs.5 lacs and is dated 24.05.2008. A separate receipt is also executed confirming the handing over of the cheque. On presentation, the cheque came to be dishonoured by the bankers with a remark “account closed”. Thereafter, the Plaintiff through his Advocate called upon the Defendant to pay the sum with interest at the rate of 18% per annum. However, though this letter was received, there is no dispute or denial of liability. 2 In such circumstances and when the Court has territorial jurisdiction to entertain and try the suit and no part of the Plaintiff’s claim is barred by limitation, so also, it is clearly falling under Order XXXVII of the Civil Procedure Code, the suit is decreed as prayed. 3 The affidavit proving the service is taken on record and marked “X” for identification. The original documents are taken on record and marked “X-1” for identification. *2* ss.786.09 4 In such circumstances, the suit is decreed as prayed. The Advocate’s costs be computed as per rules. Refund of the Court fees as per rules. (S.C. Dharmadhikari, J)