1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.29 OF 2008 IN SUMMARY SUIT NO.3027 OF 2004 Sachindra Sharma ..Plaintiff. Vs. Malad Shopping Centre Co-operative Housing Society Ltd. ..Defendants. Mr.Mahesh Joshi i/b. M/s. O.P. Soni & Co. for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 28TH JULY, 2009 P.C. :- The Plaintiff has claimed the amounts due under the 7th, 8th and 9th R.A. Bills raised by him on the Defendant in respect of the work done by the Plaintiff for the Defendant. 2. The claim arises on the basis of a written contract dated 25.4.2002 entered into between the parties. Clause 4 of the agreement requires the Defendant to pay the Plaintiff the amounts at the agreed price, at the times and in the manner prescribed in the tender. Clause 51.4 of the tender, in turn, requires the consultant to certify from time to time, the amounts to which the Plaintiff is entitled, on account. 2 3. The learned Advocate appearing on behalf of the Plaintiff states that the 10th bill which is the final bill has also been certified by the consultant under which an amount of Rs.2,98,369.28 is certified to be due and payable. This 10th bill is not the subject matter of this suit. 4. The claim therefore arises on the written agreement. There was no reply to the Plaintiff’s Advocate’s notice demanding payment. There is no dispute to the three R.A. Bills. There does not appear to be any defence to the suit. 5. In the circumstances, conditional leave to defend granted to the Defendant upon the Defendant depositing in this Court a sum of Rs.12,00,000/- within 12 weeks from today. 5. In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of commercial causes. The Defendant to file its written statement within 30 days. Discovery and inspection within four weeks thereafter. 6. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. 7. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 8. Summons for Judgment stands disposed of accordingly.