IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1968 OF 2008 Dhanjibhai N. Babaria .. Plaintiff vs. Deepak R. Jadhav & Anr. .. Defendants Mr.Ramesh Jain for the plaintiff. None for the defedants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard the learned counsel appearing for the plaintiff. The suit has been set down under the caption of "For exparte decree". Affidavit of service of writ of summons issued under sub rule 2 of rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been filed. It is stated that the defendants have not entered appearance notwithstanding the service of writ of summons. 2. According to the plaintiff on 12th July 2005, the 1st defendant for valuable consideration of Rs.02,00,000/- received from the plaintiff drew a bill of exchange directing the 2nd defendant to pay to the plaintiff a sum of Rs.02,00,000/-. The said bill of 2 exchange was accepted by the 2nd defendant. When the plaintiff presented the said bill of exchange to the 2nd defendant for payment, the same was dishonoured. The 1st defendant declined to pay the amount though he was called upon to pay. Therefore, a legal notice of demand was served by the plaintiff to the defendants. As the amount was not paid, this suit has been filed. 3. The plaintiff has placed on record the original bill of exchange, an office copy of notice of demand and acknowledgments signed by the defendants. Considering the original documents and the averments made in the plaint, a case is made out for passing decree. 4. Hence, I pass following order: (i) The suit is decreed as prayed for. (ii) The plaintiff will be entitled to refund of court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J) 3