- 1 - 22.ss.1674.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1674 OF 2011 Ajay Shah ..Plaintiff -Versus- Shailesh Purshottam Patel ..Defendant .......... Mr.Sandeep Parikh a/w. Ms.Punita Soni i/b Bilawala & Co. for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH OCTOBER 2011. P.C. 1 The suit is filed to recover the dues in respect of the goods sold and delivered by the plaintiff to the defendant under the terms and conditions contain in an invoice. 2 The cheque issued by the defendant towards repayment of the amount was dishonoured. The plaintiff filed proceedings under Section 138 of the Negotiable Instrument Act. 3 The defendant failed and neglected to make the payment despite the the plaintiff’s advocates’ notice dated 24.11.2010 demanding payment. - 2 - 22.ss.1674.11 4 The defendant has not filed an appearance. A compilation of documents is tendered by the plaintiff in Court, is taken on record and marked “X” collectively. The original documents have been filed in the proceedings under section 138. The compilation therefore consists of notarized copies. 5 The defendant is absent. There is nothing on record that militates against the plaintiff’s claim. There is no reason not to accept the averments and submissions in the plaint. 6 The suit is, therefore, decreed as prayed. However, interest after the date of the suit shall be at 12% per annum. Costs to be quantified as per Rules. Refund of court fee, if any, as per Rules. -