1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.179 OF 2008 IN SUMMARY SUIT NO.2096 OF 1999 M/s. Samal Associates ...Plaintiffs Vs. Temptation Foods Ltd. ...Defendants Mr. Abhishek Pungaliya i/b. Yogesh Adhia for Plaintiffs Mr. Rajesh Datar for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 7TH OCTOBER, 2008 P.C. 1. This suit is filed for recovery of monies upon the final bill raised by the Plaintiff under a work order dated 25th April, 1992. It is the case of the Plaintiff that the final bill dated 31st July, 1994 was submitted for Rs.1,33,88,579.18. 7 part payments have been made until 20th October, 1995 when a sum of Rs.5,45,522/- remained due and payable. After this dated there appears to be a chain of correspondence between the parties i.e. Letters dated 26th June, 1996, 20th July, 1996 (wrongly typed as 20th July, 1989) and 5th August, 1996. The Plaintiff has only relied upon the first of these letters dated 2 26th June, 1996. Copy of letter is not produced. How it is sent is not shown. The Plaintiff has produced the original letter dated 26th June, 1996 showing the wrong date 20th July, 1989. The Plaintiff has produced the copy of the third letter dated 5th August, 1996 without showing how it was sent. There is no mention of this letter in the plaint. The Plaintiff's Advocate orally stated that it was sent by ordinary post. The receipt is denied. The dispatch is not proved. 2. The Defendant has disputed the liability. The Defendant' s claim that the suit is barred by limitation. In view thereof a part payment made extending the period of limitation and further the acknowledgment/admission of liability shall have to be proved in the suit. The Defendant shall have unconditional leave to defend the suit. The Defendant shall file his written statement within 8 weeks. 3. Discovery and admission of the documents shall follow thereafter. 4. The suit to be on board for final hearing after 16 weeks. (SMT. ROSHAN DALVI, J.)