: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.133 OF 2008 IN SUMMARY SUIT NO.910 OF 2006 Hindustan Level Ltd. ....Plaintiff V/s. M/s.Bhavani Stores ....Defendant Mr.Birendra Saraf i/b Khaitan & Jaykar for the Plaintiff. Ms.Debarati Nag for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 13TH AUGUST, 2008. P.C. : 1. The suit is filed to recover a sum of Rs.3,33,220=90 together with interest in respect of the goods sold and delivery by the Plaintiff to the Defendant. The sales were made pursuant to an agreement dated 13.11.2000. The sales were effected from time to time by the Plaintiff to the Defendant on the terms and conditions contained in and evidenced by the invoices. 2. The present suit is filed to recover the amounts under three such invoices. Admittedly blank post dated cheques were deposited by the Defendant with the Plaintiff indicating an implied authority to : 2 : fill in the same. The Plaintiff accordingly filled in the cheques. The same were dishonoured on presentation. 3. There is no denial about the receipt of the goods by the Defendant from the Plaintiff. It is however, alleged that the goods in excess of those ordered by the Defendant were supplied by the Plaintiff. In the affidavit in reply, it is contended that the excess goods were merely "dumped" by the Defendant against the Defendant’s wish. It is pertinent to note however that the goods were not returned on being allegedly "dumped". It is further pertinent to note that the said goods were also sold by the Defendant in the market. It was further contended that the said goods contain several defects and that the claims in respect thereof have not been settled. 4. In these circumstances, it is difficult to grant unconditional leave to the Defendant. This is specially in view of the fact that the receipt of the goods is not denied. Further admittedly, the goods were not only not returned but were in fact sold by the Defendant. 5. In the circumstances, leave to defend is : 3 : granted to the Defendant conditional upon the Defendant depositing in this Court a sum of Rs.3,50,000/- within 12 weeks from today. In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendant to file his written statement within 30 days. Discovery and Inspection within four weeks thereafter. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any Nationalised Bank initially for a period of two years and thereafter for like periods of two years each. 6. In the event of the Defendant failing to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. 7. Summons for Judgment stands disposed of accordingly.