1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2263 OF 2007 BGM Exim Ltd. .. Plaintiff versus R. Murlidharan Nair, Proprietor of M/s.Neeraja Trading Co. .. Defendant ... Mr.Colabawala i/b M/s.Madekar & Co. for the plaintiff. None for the defendant. CORAM : D.G. KARNIK, J DATED : 8th April 2009 P.C.: 1. Heard learned counsel for the plaintiff. None present for the defendant. 2. Writ of summons has been served on the defendant by publication in the newspapers. Affidavit of service sworn in by Suresh Thakur, clerk in the employment of the plaintiff’s attorney is filed on record proving the service. Despite 2 service, defendant has not filed any appearance. 3. The plaintiff sold, supplied and delivered to the defendant goods as per his order. The defendant made part payments. For the payment of the balance amount, the defendant issued four cheques one for Rs.6,00,000/-, another for Rs.7,65,928/- and third and fourth for Rs.50,000/- each. The cheques were dishonoured when presented for payment. The original cheques have been produced on record along with office copies of the invoices. The plaintiff issues the advocates notice demanding the payment. Office copy of the notice along with receipt of despatching it by registered post and certificate of posting are also produced on record. 4. After service of writ of summons, defendant has not appeared. Plaintiff is therefore entitled to a decree under Order 37 Rule 2(3) of the Code of Civil Procedure. The original documents have been produced on record and I see no reason to disbelieve the case of the plaintiff. Hence, I pass the following order:- 5. Suit of the plaintiff is decreed as per the prayer clause (paragraph no.18) of the plaint) 3 (D.G. KARNIK, J)