IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.84 OF 2008 IN SUMMARY SUIT NO.1940 OF 2007 Alfa Pharmaceuticlas Ltd. ..Plaintiffs Vs. Relish Pharmaceuticals Ltd. ..Defendants Mr. Mahesh J. Devani for the Plaintiffs Mr. S.R.Saudagar for the Defendants Coram: Smt. Roshan Dalvi, J Date : 09th June, 2009 P.C. 1. The Plaintiffs have sued for recovery of amount on the goods sold and delivered to the Defendants under the three invoices dated 25.10.2005, 25.10.2005 & 25.11.2005, coupled with the lorry receipts. 2. It is the Defendants’ case that the Plaintiffs did not supply the goods under the said invoices strictly as per the terms contained in the purchase order of the Defendants dated 06.06.2005. Though the goods were to be delivered within 2-3 days and the main item in the bill, paracetamol, was to be supplied every 10 days in three equal installments, the Plaintiffs supplied these goods only in October / November, 2005. The Defendants have rejected some of the goods supplied by the Plaintiffs. The Defendants have issued a debit note on 29.08.2006 for the loss they claimed to have incurred in a sum of Rs.2.5 lacs. 3. The Plaintiffs have accepted the goods which were rejected by the Defendants. The Plaintiffs have given credit to the Defendants for the goods rejected. The Plaintiffs have, therefore, only sued for the goods delivered by the Plaintiffs and accepted by the Defendants. Consequently for that part of the claim there is no defence. 4. On the Defendants deposit in court Rs.2.50 lacs, the Defendants shall have leave to defend the suit. If the amount is deposited the Defendants shall be entitled to file their written statement within 30 days of the deposit. If the amount is deposited the Prothonotary & Senior Master of the court shall invest the amount in FDR initially for a period of 37 months. (Smt. Roshan Dalvi,J)