1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1668 OF 1987 M/s Modern Steel ...Plaintiff. Vs. Mistry Prabhudas Manji & Ors. ....Defendants. ---- Mr. Mayur Khandeparkar i/b M/s Kanga & Co., for the Plaintiff. None for the Defendants. ---- CORAM: S.J. VAZIFDAR, J. DATED : 15TH SEPTEMBER 2009 P.C. 1. The suit is filed to recover a sum of Rs.4,41,579/- together with interest at 21% p.a. on the principal sum of Rs.3,24,122.58. 2. Defendant Nos.2 to 5 are the partners of Defendant No.1. Between July 1984 and April, 1986 the Plaintiff sold and delivered to the Defendants the goods of an aggregate value of Rs.4,03,303.37 on the terms and conditions contained in the invoices. The receipt thereof is acknowledged on the invoices. According to the Plaintiff the Defendants received the goods without raising any objection as to the quality or quantity thereof. In connection therewith the Plaintiff drew ten bills of exchange which were accepted by the first defendant. The Bank of Madura Ltd. was the payee. The bills were dishonoured by non payment on presentation thereof by the 2 bank to the first defendant. 3. In the plaint it is stated that the bills of exchange were returned to the Plaintiff by the bank duly endorsed in the Plaintiff's favour. This appears to be incorrect as the endorsement is after the date of the filing of the suit. However, if the Plaintiff’s contention regarding the making of the bill of exchange including acceptance thereof by the first defendant and the non payment upon presentation by the first defendant is correct, it would not affect the Plaintiff’s rights to recover the amounts in this suit in any event. 4. Part payments were made for which credit has been given. The Defendants having failed to pay the balance amount despite notice of demand, the present suit is filed. The Defendants filed an appearance. On the Summons for Judgment taken out by the Plaintiff unconditional leave was granted. However, no written statement has been filed till date. 5. On behalf of the Plaintiff a compilation of documents has been tendered. The same same is taken on record and marked `A’ (Colly). 6 There is no defence to the suit. There is nothing on record which militates against the Plaintiff’s claim in the suit. The bill of exchange having been admitted in evidence, there is a presumption in favour of the Plaintiff. 7. In the circumstances, the suit is decreed as prayed. Refund as per rules.