1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 924 OF 2003 IN SUM. SUIT NO. 2363 OF 2003 Raymond Limited .. Plaintiff vs. H.V. Doshi & Brothers Private Limited .. Defendants. Mr. Milind Vasudeo i/by Rajani Associates for the plaintiff. Mr. Subodh Joshi i/by Rajendra Mehta for defendants. CORAM : S.U. KAMDAR, J. DATE : 16th August, 2005. P.C. . The suit is based on an agreement for appointment as a clearing and forwarding agent. Admittedly, the said agreement does not provide for any liquidated dues payable. However, reliance has been placed by the learned counsel for the plaintiff that there is a balance confirmation being Exhibit "C" to the plaint. It is now well settled that mere 2 confirmation of liability would not permit a suit to be maintained under Order 37 rule 2 unless the agreement itself provides for a liquidated sum as due and payable. Accordingly, liberty to the plaintiff for taking out appropriate proceedings as may be available in law. In the present case, unconditional leave to defend is granted.