1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2599 OF 1983 Benett Colemn & Co. Ltd. .. Plaintiff Versus Asha Advertisers & Ors. .. Defendants Mr.H.V.Chande for plaintiff. CORAM : S.C.DHARMADHIKARI, J. DATE : 29th August 2009. P.C.: 1] This suit was filed originally as a summary suit but upon the application made seeking leave to defend this Court granted unconditional leave to defend to the defendants. Thereupon, directions were issued to file written statement and complete discovery and inspection. 2] Although, there are vakalatnamas filed on behalf of defendant Nos. 2 to 5 who are stated to be representative of first defendant, there is no written statement on record. Mr.Chande, appearing for plaintiffs states 2 that they have duly complied with the orders and directions of this Court. The plaintiffs have filed the affidavit of evidence of their Chief Manager who states that he is deposing on the basis of the authority given by the plaintiff company. He has deposed about the plaintiffs’ business and has stated that as per the instructions of the first defendant plaintiffs published in their publication, advertisements as instructed from time to time. First defendant issued their release orders for the advertisements and submitted their bills. A sum of Rs.84,636.90 is balance amount remaining due and payable in respect of advertising charges. 3] The affidavit confirms the plaint averments. Further, the witness has tendered the copies of 115 bills which were submitted to the first defendant in respect of the advertisement. It is stated that the bills are duly signed and despatched to the first defendant. They have been received as well. The deponent has confirmed the entries in the bills/ invoices. He has certified that the figures mentioned therein are on the basis of the books of accounts which are maintained in their ordinary and regular course of business by the plaintiffs. The bills reflect the services rendered and the charges that were to be paid for the same as per the 3 contract. There is no written statement on record. The deponent has confirmed all the submissions made in his affidavit in lieu of examination in chief so also his signature below the same. None is appearing to cross examine the plaintiffs on the case set out by them in the plaint. Plaintiffs have thus proved the plaint averments and the documents relied upon by them. 4] The affidavit in lieu of examination in chief is, therefore, taken on record. All the documents in the compilation are exhibited since there is no dispute raised with regard to the liabilities nor is their any denial of the claim by the defendants and the defendants have failed to cross examine the plaintiff, there shall be a decree as prayed in favour of the plaintiffs and against the defendants. Refund of court fees as per rules. Advocates’ cost to be computed in accordance therewith. Suit is decreed in these terms accordingly. (S.C.DHARMADHIKARI, J)