1 sj274-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.274 OF 2010 IN SUMMARY SUIT NO.1187 OF 2010 Sanjeev M. Gupta ....Plaintiff V/s. M.R. Kamaal ....Defendant Mr.G.B. Kedia for the Plaintiff. Mr.Dheeraj K.S. Rathore for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed to recover a sum of Rs.17,59,262/- together with interest at 21% p.a. The claim arises in respect of the advertisements placed by the plaintiff at the defendant’s request of the defendant’s film at various hoarding sites. There is no dispute about the fact that the defendant had placed the orders and that the plaintiff had executed the order as per the terms and conditions agreed to between the parties contained in the confirmation/contract letters. 2. The plaintiff raised five invoices of an aggregate sum of Rs. 19,85,000/-. Interest is stipulated therein at 21% p.a. The defendant made payment of only Rs.6.00 lacs. The plaintiff therefore, by a letter 2 sj274-10 dated 8.9.2009 demanded payment of the balance. The defendant by its reply dated 18.9.2009 admitted the invoices. The only defence is that the amount of Rs.6.00 lacs was made in full and final satisfaction of the bills. 3. The defence is unsustainable. It is true that the receipt dated 27.10.2008 states that the payment of Rs.1.00 lac was against the full and final payment of 100 nos. non-illuminated bus shelters in Mumbai from the defendant. The reference of the full and final payment is however, not in respect of all the bills and of the work done. It is only in respect of 100 nos. of non-illuminated bus shelters. This is also clear from another receipt in the sum of Rs.3,50,000/- which also records full payment but only in respect of 100 nos. non-illuminated buses in Mumbai. In other words, full and final payment is only in respect of the particular work expressly mentioned in the receipt and not in respect of all dues of the plaintiff. In the circumstances, there is really no defence to the suit. 4. The summons for judgment is therefore disposed of by the following order :- i). Leave to defend granted to the defendant conditional upon the defendant depositing in this Court a sum of Rs. 20,00,000/- on or before 31.10.2011. ii). In the event the defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. 3 sj274-10 The defendant to file his written statement within thirty days. Affidavit of documents within six weeks thereafter. Discovery and inspection forthwith 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 defendant fails to deposit the aforesaid amount, liberty to the plaintiff to apply for further orders.