1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.377 OF 2003 Rahul V. Rane .. Plaintiff Versus Bharat Ratilal Kothari & Anr. .. Defendants Mr.Mr.Kukreja i/b. Kukreja & Co. for plaintiff. CORAM : S.C.DHARMADHIKARI, J. DATE : 10th April 2008 P.C. . This is a summary suit and the claim under Order XXXVII of C.P.C. is made on the basis that plaintiff carries on business in warehousing. The defendant No.1 is a partner of 2 defendant No.2 which is a partnership firm. Defendant No.1 on 13th October 1999, drew a bill of exchange for Rs.25,000/- upon defendant No.2 orderding defendant No.2 to pay to plaintiff the said sum of Rs.25,000/-. Notice of dishonour in respect of the said bill of exchange was waived by defendant No.1 by an endorsement made thereon. Plaintiff presented the said bill of exchange for acceptance to defendant No.2. Defendant No.2 duly endorsed the same and the bill of exchange was delivered to plaintiff. 2. Similarly on 30th November 1999 defendant No.1 drew a another bill of exchange on defendant No.2 for Rs.25,000/-. The same was accepted by defendant No.2. Since, defendants did not and could not repay the amount due under both the bills of exchange an extention was sought for making payment of principal amount. However, defendant No.1 paid interest on the principal amount. Fresh bills of exchange were issued by 3 defendant No.1 for the time extended. 3. Although, notice of dishonour was waived by defendant No.1, he failed and neglected to repay the amount of Rs.50,000/- under these two bills of exchange. 4. Since, repeated demands did not meet any favourable response and the defendants failing to honour their commitment, inasmuch as, the bills of exchange were not honoured the present summary suit has been filed. 5. In terms of the Order XXXVII upon filing of such suit and notice of its filing being received (writ of summons), the defendant is obliged to file appearance or make alternate arrangements for the same, through an Advocate within the time stipulated by law, failing which the plaintiff is entitled to apply for judgement in his favour. 4 6. Writ of Summons is duly served but no appearance has been filed. Original documents along with list thereof is taken on record and marked "X" for identification. There is no bar to the claim being entertained under Order XXXVII inasmuch as it satisfies the requirements stipulated by the said provisions and more particularly Rule 2 thereof. In such circumstances and when this Court has jurisdiction to entertain and try the suit so also the claim being within limitation, there will be a decree as prayed. Refund as per rules. (S.C.DHARMADHIKARI, J)