Chandka 1 SJ-190-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 190 OF 2010 IN SUMMARY SUIT NO. 475 OF 2010 Cipla Limited ..Plaintiff versus Krishna Dushyant Rana, Proprietor, D. B. Rana & Co. ..Defendant Mr. Mahesh Londhe i/b. Sanjay Udeshi & Co. for Plaintiff. None for Defendant. CORAM : DR. D. Y. CHANDRACHUD, J. 18 March 2011. P.C. : The Summons for Judgment has been taken out in a Summary Suit instituted under Order XXXVII of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs3,.25,25,687/- together with interest at 18% per annum on the principal sum of Rs.2,84,04,480/-. The Defendant is a sole proprietor of a concern to whom the Plaintiff sold, supplied and delivered goods of a total value of Rs.3,00,18,040/-, under 20 Invoices between 3 October 2008 and 1 November 2008. In purported discharge of the liability Chandka 2 SJ-190-10 the Defendant issued 20 cheques between 3 December 2008 and 10 January 2009. The cheques were dishonoured on presentation. In the Particulars of Claim at Exhibit ‘A’ to the Plaint, the Plaintiff has tabulated (i) the invoices, (ii) the cheque numbers, (iii) date of dishonour, (iv) the cheque amount, (v) interest at 18% per annum, and (vi) a total amount due. Exhibits B-1 to B-20 are the invoices under which the goods were sold, supplied and delivered. The invoices have been acknowledged by the Defendant in token of receipt of the goods. The Defendant admitted his liability by a letter dated 30 January 2009 but sought an indulgence from the Plaintiff to indicate a repayment schedule. Thereafter despite several notices of the Plaintiff’s Advocate the amount due has not been paid. The Plaintiff has instituted proceedings under Section 138 of The Negotiable Instruments Act, 1881. 2. The hearing of the Summons for Judgment was adjourned on 16 August 2010 to 16 September 2010. Thereafter a further adjournment was granted on 14 January 2011. 3. Though the Defendant has entered appearance through an Advocate upon service of the Writ of Summons, no Reply has been filed to the Summons for Judgment. Learned counsel for the Plaintiff states that the Summons for Judgment has been served. Chandka 3 SJ-190-10 4. In the absence of any contest, the Summons for Judgment will have to be made absolute under Order XXXVII Rule 6 of the Code of Civil Procedure, 1908. In any event the material which has been placed on the record indicates that the Defendant has duly received the goods which were sold, supplied and delivered by the Plaintiff. The Defendant furnished cheques against the 20 invoices which were dishonoured on presentation. The claim of the Plaintiff falls within the purview of Order XXXVII and is within limitation. The Summons for Judgment is accordingly made absolute. (Dr. D. Y. Chandrachud, J.)