1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMONS FOR JUDGMENT NO.266 OF 2007 IN SUMMARY SUIT NO.1320 OF 2007 Bharat Ratilal Desai. ...Plaintiff. Vs. M/s.Sarvotech Engineering Industries Ltd. ...Defendant. .... Mr.Ramesh L. Dharia for the Plaintiffs. Mr. H.S.S. Murthy with Mr. N.M. Shah for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 15, 2008. P.C.: The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of price of goods sold, supplied and delivered. A perusal of the material averments contained in paragraphs 3(c) and 3(d) of the Plaint would show that the case of the Plaintiff himself is that certain goods were, in fact, returned. The defence is that the account has not been correctly maintained. At the hearing, Counsel appearing on behalf of the 2 Defendant stated that at the highest an amount of Rs.46,000/- may be due and payable by the Defendant to the Plaintiff. In my view, triable issues would arise having regard to the defence urged by the Defendant. The Defendant is entitled to leave to defend the suit conditional on the deposit of Rs.46,000/-. The aforesaid amount shall be deposited within a period of eight weeks from today. Counsel appearing on behalf of the Defendant states that he has no objection if the amount is permitted to be withdrawn by the Plaintiff without prejudice to the rights and contentions of the parties in the suit and subject to the Plaintiff filing an undertaking to bring back the amount if such a direction is issued by the Court at the trial of the suit. The Plaintiff is accordingly permitted, by consent, to withdraw the amount upon deposit, conditional on the filing of an undertaking in the aforesaid terms. Subject to the aforesaid, the Defendant will be entitled to leave to defend. Written Statement to be filed within 8 weeks. ......