In a summary suit arising from unpaid invoices and dishonoured cheques, the High Court of Bombay, in the absence of the defendant's appearance, decreed the plaintiff's suit under Order 37 Rule 2(3) of the CPC.
Decree of the suit in terms of the prayer clause of the plaint; refund of court fee as per rules.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 3707 OF 1999
Economy Refrigeration Ltd. .. Plaintiff
versus
Chandra Hegde, Propl of Pinagara
Restaurant & Anr. .. Defendants
...
Mr.V. Yadav for the plaintiff.
CORAM : D.G. KARNIK,J.
DATED : 14th March 2005.
P.C.:
1. Heard the learned counsel for the plaintiff.
2. Perused the service report reported by the
Section Officer, Board Department. Despite service
of writ of summons, the defendant has not filed an
appearance. In the circumstances, the plaintiff
is entitled to a decree under Order 37 Rule 2(3) of
the Code of Civil Procedure.
3. The plaintiff has filed on record the original
documents along with a list. Perused the original
documents and plaint. The plaintiff sold,supplied
and delivered to the defendant goods under five
invoices. Office copies of the invoices are filed on
record. They bear the signature and/or stamp of the
defendant. Invoices contain a term regarding payment
of interest.
4. The defendant issued to the plaintiff two
cheques of Rs.9,415/-. Both the cheques were
dishonoured. The original cheques along with the
returned memos are also filed on record. The
plaintiff sent advocate’s notice of demand. However,
the defendant neither complied nor replied. In the
circumstances, the plaintiff is entitled to a decree
as prayed. Hence, I pass the following order:-
5. The suit of the plaintiff is decreed in terms
of prayer clause of the plaint.
6. Issue Court fee refund certificate as per
rules.
D.G. KARNIK, J
1 issue framed by the court
Whether the plaintiff is entitled to a decree under Order 37 Rule 2(3) of the Code of Civil Procedure due to defendant's non-appearance.
1 provisions across 1 enactments
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court