Soumen Sen, J. - (1.) The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff towards payment of price of goods sold and delivered. The summon in the prescribed form was issued on 17th April, 2013 giving 10 days time for the defendant to enter appearance and file written statement. The said summon was duly served upon the defendant on July 2, 2013 as it appears from the endorsement made on the reverse of the writ of summons. The defendant is aware of the pending proceeding. The defendant did not enter appearance within the time specified in the writ of summons. The report of the Deputy Registrar dated 30th August, 2013 shows that the defendant has not entered appearance either in person or the advocate dated 29th August, 2013.
(2.) Although, the plaintiff is not obliged to adduce any evidence and could have claimed a decree on the basis of a strong presumption which is attached to the Sec. by reason of Order 37 Rule 2(3) of the Code of Civil Procedure, witness was present in Court on September 2, 2013 and adduced evidence on behalf of the said plaintiff.
(3.) The plaintiff has relied upon and produced the following documents in support of its claim namely: (i) The letter dated 4th May, 2010. (ii) The letter dated 19th February, 2011. (iii) The letter dated 15th March, 2011. (iv) Original cheque for a sum of Rs. 35 lakhs, being cheque No. 502036, issued by the defendant in favour of the plaintiff dated 1st November, 2011 along with the intimation notice issued by the Bank of Baroda dated 5th January, 2012 and 9th March, 2012. (v) Original cheque issued by the defendant in favour of the plaintiff for a sum of Rs. 32,70,000/ - being cheque No. 502033 dated 7th November, 2011 drawn on Bank of Baroda along with the letter of intimation dated 5th January, 2012 and 9th March, 2012. (vi) Legal notice dated 17th May, 2012 (vii) Legal notice dated 28th September, 2012 (viii) Letter dated 19th October, 2012 issued by Maheshwary Ispat Ltd. The said documents are marked as Exbt. -A, B, C, D (collectively), E, F and G.;