1 SJ129.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 129 OF 2009 IN SUMMARY SUIT NO. 3207 OF 2008 Liza Hiten Shah. ... Plaintiff. V/s. M/s. Valkal and Ors. ... Defendants. Mr. D.H. Mehta i/b. Paras N. Vira for the Plaintiff. Mr. Sajan Oommen for Defendants 1 to 3. CORAM : R.Y. GANOO, J. DATED : 13th OCTOBER 2010. P.C. :- The Suit is filed by the Plaintiff for recovery of Rs. 7,68,490.29 ps. and interest as set out in the prayer clause. 2. According to the Plaintiff, he was the partner of Defendant No.1 and a deed of retirement-cum-admission was executed between the Plaintiff and other persons and according to the Plaintiff, he retired as a partner under the said deed which is at Exhibit ‘C’ to the plaint. According to the Plaintiff accounts were to be settled and share of the Plaintiff was to be paid. However, the same has not been made. 2 SJ129.09.sxw 3. According to the Plaintiff, in the statement of accounts maintained by Defendant No.1 – firm upto 31st March 2006, the Plaintiff is show as a creditor to the extent of Rs. 5,95,729,29 ps. 4. According the learned Counsel for the Plaintiff, these accounts drawn up by Defendant No.1 in the usual course of business indicate that Defendant No.1 admits the liability to pay to the Plaintiff monies as set out in the statement of accounts and as such, the Plaintiff is entitled to a decree at the stage of Summons for Judgment. 5. Having heard learned Counsels on both sides, I am inclined to observe that the mere entry in the books of accounts about a figure payable to the Plaintiff by itself would not fall within the ambit of order XXXVII of C.P.C. for institution of the Summary Suit and as such, the Defendants are entitle to unconditional leave to defend. 6. Hence, following order is passed to dispose of the Summons for Judgment :- (i) Unconditional leave to defend is granted to Defendant Nos.1 to 3. (ii) Defendant Nos.1 to 3 to file Written Statement on or before 11th January 2011 directly in the Office. 3 SJ129.09.sxw Copy of the same be served upon Advocate for the Plaintiff within 10 days from filing of the same in the Office. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)