((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.396 OF 2005 Bharat Jyoti Plaintiff versus Kerala State Drug and Pharma Ltd. Defendant C.Krishna Mohan Nair for plaintiff None for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 27th June 2005 PC : 1. This summary suit is lodged on 24th December 2004 under Lodging No.3841 of 2004. Subsequently the objections were removed and it was numbered as 396 of 2005 on 9th February 2005. 2. A writ of summons was duly served by the Sheriff of Mumbai and the bailiff in this office has filed an affidavit proving service and enclosing therewith the acknowledgement card duly received. Affidavit is taken on record and marked "X" for identification. The plaintiff’s advocate states that the suit is filed on the ((-2-)) basis of a written contract as evidenced by purchase order, delivery challans and invoices. The goods in question have been duly received and appropriated by the defendants. There is no dispute raised as to the quality, quantity or price thereof. The terms and conditions in the invoices provide for payment of 30 days from the date of receipt of the same. No payment was made and therefore, notice prior to filing of the suit was duly served. Despite receipt thereof, there is no compliance made with the requisitions contained therein. He submits that the claim of the plaintiff is within limitation. 3. Although writ of summons is duly served, there is no appearance filed by the defendant. Thus, there is no defence to the claim. None appears for defendant despite service. I am satisfied that the suit is maintainable as a summary suit. On perusal of the plaint and annexures as well as original documents I am satisfied that the claim is not barred by limitation. In the light of this, following order. 4. ORDER :- A) Original documents along with list taken on record and marked "X" for ((-3-)) identification. B) Decree as prayed. C) Refund of court fee as also computation of advocates’ costs as per rules. (S.C.DHARMADHIKARI, J.)