SJ310-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.310 OF 2009 IN SUMMARY SUIT NO.1606 OF 2009 Tit Bit Foods (India) Pvt.Ltd. .. Plaintiff Versus M/s.Fodkor India Pvt.Ltd. .. Defendants Mr.J.S.Kini with Suresh Dubey for plaintiff Mr.Swanand Ganoo i/b. Vinod Mistry & Co. for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2010. P.C.: 1] The plaintiff seeks to recover from the defendants a sum of Rs. 6,79,992.02. 2] It is stated that this amount is due and payable on the basis that this is a figure at the foot of accounts maintained by the plaintiffs of the dealings with the defendants. This balance is stated to be SJ310-09 2 confirmed by the defendants. 3] Interestingly, the plaintiff has sued defendant No.1 which is a private limited company and defendant Nos. 2 and 3 are stated to be directors of defendant No.1. In the plaint there are no particulars with regard to the purchase orders, delivery challans and invoices which together constitute the basis on which the account was drawn and the balance is stated to be confirmed. Further, a perusal of the copies at Annexures A and B reveal that one letter for balance confirmation dated 8th July 2006 is addressed to Fudkore India and another to Fudkore India Pvt.Ltd. - defendant No.1. The amount stated as due and payable is Rs.6.79,152.02 and Rs.3,23,583.29/-. However, annexures to both these letters would denote that there is reference to some purchase return account and some bills and some purchase tax details. By themselves, they do not indicate that there was any transaction and between whom because there are two stamped receipts on the balance confirmation letter. The letter dated 15th May 2004 relied upon in the rejoinder cannot be the basis without anything SJ310-09 3 more to prove the dealings and far from proving the accounts, the averments in the plaint itself make out a triable issue. Therefore, unconditional leave to defend is granted and particularly with regard to the identity of the two entities who are stated to have confirmed the balance at the foot of accounts. 4] In the result, the suit is transferred to the list of commercial cause list with usual directions with regard to filing written statement, discovery and inspection. S.J. Disposed of. (S.C.DHARMADHIKARI, J)