1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.137 OF 2009 IN SUMMARY SUIT NO.376 OF 2009 M/s.Shreepal Trade Impex .. Plaintiffs Vs. Rubco Huat Woods P.Ltd. .. Defendants Mr.A.N.Nasikwala for the plaintiffs Ms.Tasneem Zariwala i/b M/s.Intralegal for the defendants CORAM : S.C.Dharmadhikari, J. DATE : August 30, 2010 P.C. : 1. This is a case in which the defendants entered appearance and this is how summons for judgment was moved and after service was completed it has been placed for hearing and final disposal. 2. The suit claim is based on a written contract as evidenced by Invoices and delivery challans whereunder goods were sold supplied and duly accepted. There is an acknowledgment of liability in as much as part payment of Rs.2.0 lacs was made and after giving a credit for the said sum, the plaintiffs are claiming outstanding amount which is Rs. 6,58,520/-. 2 3. Having perused the plaint and all the annexures thereto, I am satisfied that the suit is maintainable as summary suit and no part of the plaintiffs claim is barred by law of limitation. This court has territorial jurisdiction to entertain and try the suit particularly after grant of leave under clause 12 of the Letters Patent Act. In the light of the aforesaid, the original documents along with the list are taken on record and marked X for identification as prayed. There will be a Decree as ‘ ’ prayed. Suit decreed accordingly. 4. At this stage the defendants counsel stated that the defendants are ready and willing to pay the amount as claimed by the plaintiffs within 6 months from today. In the light of the statement which is accepted as an undertaking to this court, the decree shall not be executed for a period of 6 months. In default, the plaintiffs will be at liberty to execute the decree in accordance with law. In addition, the plaintiffs can proceed with the defendants under the Contempt of Courts Act for breach of the undertaking given to this court. Advocates costs and refund be computed as per rules. Decree be drawn up accordingly. ( S.C.Dharmadhikari, J. )