1 sj344-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No. 344 of 2008 in Summary Suit No.562 of 2008 M/s.Hazel Metals & Minerals Pvt. Ltd. .. Plaintiffs v/s. M/s.Sri Srinivasa Minerals Trading Co. & Others ..Defendants Mr.Chandra Naik for the Plaintiffs. Mr.Siddharth Morarka for the Defendant Nos.1 to 3 CORAM : R.Y.GANOO, J. DATED : 15th November , 2010 P.C. : 1. Heard learned Counsels on both sides. The defendants had placed an order with the plaintiffs so that the plaintiffs could supply to the defendants Iron Ore lumps, totally weighing 14950 with moisture. The purchase order dated 6.11.2006 is at Exhibit B to the plaint. According to the plaintiffs, the actual ore delivered to the defendant was 15724 metric ton with moisture. It is admitted by the plaintiffs that the defendants have paid cost of ore weighing 14950 metric tons and the defendants are liable to pay to plaintiffs the sum of Rs. 2 sj344-08.sxw 13,00,320/- being the cost of 774 metric ton with moisture at the rate of Rs.1680/-. 2. Defendants have disputed receipt of ore weighing 15724 metric tons with moisture. Since it is the case of the plaintiffs that ore weighing 15724 metric tons with moisture was delivered to the defendants, it was necessary for the plaintiffs to show by way of documentary evidence that ore to the tune of 15724 metric tons was in fact delivered. Learned Counsel for the plaintiffs in support of the case ore weighing 15724 metric tons with moisture was delivered relied upon the report at Exhibit B prepared by Quality Services and Solutions Pvt. Ltd., i.e. defendant no.6. 3. Emphasis was placed by Counsel for the plaintiffs on the figures appearing at page 2 as against the word Cargo Loaded namely 15724.312 as also the quantity mentioned in the Bill of Lading namely 15724. A perusal of the report would go to show that the weight mentioned in the said report was at the stage of loading of cargo in the vessel. Since plaintiffs claim that ore weight 15724 metric ton with moisture was delivered to the defendants, it was necessary for the plaintiffs to show that the weight at the time of delivery was 15724 with moisture. No such document is produced 3 sj344-08.sxw before the Court. The document showing the weight of 15724 metric ton at the time of loading may not help the plaintiffs to recover from the defendants the amount demanded in terms of the present suit as the plaintiffs have not been able to make out a case that the ore weighing 774 metric tons was delivered in excess of what was ordered. If this be so, plaintiffs have not been able to make out a case in support of their contention and as such the defendants are entitled to unconditional leave to defend. Hence following order is passed to dispose of the Summons for Judgment. ORDER i) Unconditional Leave to defend is granted to the defendants to defend. Defendants to file written statement directly in the office on or before 19.1.2011, serve copy of the same upon the plaintiffs within 10 days from filing of the written statement in the office. There shall be no order as to costs. [R.Y.GANOO, J.]