1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 213 OF 2009 Maxwell Industries Ltd. ... Plaintiffs. V/s. Rajkumar Gupta, Prop. of M/s. R.K. Trading Co. ... Defendant. Ms. Dipti Shah i/b. JPS Legal for the Plaintiffs. None for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 4th DECEMBER 2009. P.C. :- This is a Summary Suit on the basis of a written contract as evidenced by invoices-cum-delivery challans. The Suit has been instituted in this Court on 19th November 2008. The leave under Clause XII of the Letters Patent has been obtained. On that basis this Court has jurisdiction to entertain and try the Suit. Further, from the original invoices it is apparent that the goods have been supplied, duly received and no dispute is raised as to their quality and quantity. Even the invoices have been accepted on their terms and conditions without any protest. A demand was made by the demand letter dated 5th March 2008 which is stated to be received. There is no denial of the averment that the Suit claim is within limitation. Having satisfied myself that the Suit is maintainable as a Summary Suit and that despite the Writ 2 of Summons being duly served, as is evidenced from the affidavit proving service, no Vakalatnama is filed within the period specified in law, an ex-parte decree in favour of the Plaintiff can be made. Accordingly, the original documents are taken on record and marked ‘X’ for identification. There will be a decree as prayed. Advocates costs to be computed as per Rules. The Court fees may also be refunded, if permissible under the Rules. (S.C. DHARMADHIKARI,J.)