1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 729 OF 2003 Vinod V. Gada, Proprietor, M/s.Preview Typesetters ...Plaintiff vs. M/s.Indian Purchase Com. Inforware Limited & Ors. ...Defendants Ms.Kumud A. Bhatia for the Plaintiff. CORAM : V.M. KANADE, J. DATED : JANUARY 19, 2010 P.C. :- 1 Heard Counsel for the plaintiff. None appears on behalf of the defendants. The plaintiff has filed affidavit of service dated 26th September, 2007. No appearance has been filed on behalf of the defendants. The plaintiff has filed affidavit in lieu of evidence and compilation of original documents. 2 2 The case of the plaintiff is that he is the proprietor of the firm M/s.Preview Typesetters and is carrying on business of positive outputting, Laser Bromide, Digital Print, Proofing for Colour Positive etc. since last 12 years. The defendant no.1 is a company registered under the Companies Act having its registered office at Mumbai. Defendant No.2 is a Managing Director and Defendant no.3 is General Manager of defendant No.1 s office at Mumbai. The defendants are carrying on business of publication in product information magazine and other publication work. 3 Defendant no.1 s office at Mumbai placed work orders for job work of processing of positive for colour printing between the year 1999 till 31st August, 2001. Initially the defendant was carrying on business in the name of M/s.Money Opportunities till the year November 2000 and from December, 2000, he is carrying on business in the name of M/s.India Purchase Com. Infoware Ltd. The defendants had 3 acknowledged the receipt of the materials upon the delivery challans issued by the plaintiff in the course of business. The plaintiff has produced the original 187 delivery challans along with the original documents. The plaintiff also gave invoices/bills which were received and acknowledged by the defendants. It was agreed that the defendants would pay within a period of 30 days from the date of invoices. The plaintiff has produced the said invoices of the job work done along with originals of the bills. According to the plaintiff, the defendant had placed work orders for a total sum of Rs.5,88,804/- and as per the Statement of Account, balance outstanding was Rs.4,87,645/- as on 31st August, 2001. The defendants acknowledged the said Statement of Account and issued a cheque dated 2nd August, 2001 for a sum of Rs.45,000/- which was dishonoured due to reasons Stop Payment . The plaintiff, therefore, has filed the suit upon non- payment by the defendant of the amount which is due and payable as per the Statement of Account which is 4 received and acknowledged by the defendant. The plaintiff has produced the original relevant documents which are taken on record. The plaintiff, therefore, is entitled for judgment and decree. 4 Suit of the plaintiff, accordingly, is decreed in terms of prayer clause 24(a). The plaintiff also is entitled for costs of the suit. Suit, accordingly, is decreed and disposed of. 5 Certified copy expedited. (V.M. KANADE, J.)