1 sj163-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.163 OF 2011 IN SUMMARY SUIT NO.733 OF 2011 M/s.Daman Metalic Oxides & Anr. ....Plaintiffs V/s. M/s.Ace Chemie (I) & Anr. ....Defendants Mr.Prakash P. Parkar for the Plaintiffs. Mr.Imtiaz A. Raibakker for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND JULY, 2011. P.C. :- 1. This is a suit to recover a sum of Rs.5,14,352/- in respect of the goods sold by the plaintiffs to the defendants. The defendants drew a bill of exchange. There is no dispute that the goods were supplied. The dispute pertains to the quality of the goods. The correspondence establishes that there was a dispute regarding the quality of the goods. The plaintiffs however, upon the complaint being made, immediately requested the defendants to send the material back immediately. The correspondence indicates that the defendants held on to the goods expecting the plaintiffs to first exchange them for the goods of the requisite quality.Prima-facie the defendants were not entitled to hold on 2 sj163-11 to the goods having rejected the same and then hold on to the payment as well. 2. In the circumstance, the summons for judgment is therefore disposed of by the following order :- i). Leave to defend granted to the defendants conditional upon the defendants depositing in this Court a sum of Rs. 2,50,000/- on or before 14.10.2011. ii). In the event the defendants deposit the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The defendants to file their written statement within thirty days. Discovery and inspection within four weeks thereafter. iii). 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 thereafter for like periods of two years each. iv). In the event the defendants fail to deposit the aforesaid amount, liberty to the plaintiffs to apply for further orders. 3. The summons for judgment stands disposed of accordingly.