1 sj349-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.349 of 2008. in Summary Suit No. 2607 of 2008 M/s. Nipa Offset Printers .. Plaintiffs v/s. M/s. Kopran Ltd, & Anr. ..Defendants Mr.S.D.Mogre for the Plaintiffs. Ms.Gunjan Shah i/b. Arvind Rathod & Co. for the Defendants CORAM : R.Y.GANOO, J. DATED : 28th September , 2010 P.C. : 1. Heard learned Counsel on both sides. Plaintiffs have instituted this suit for recovery of Rs.22,77,006/- as and by way of principal amount and Rs.9,93,095/- as and by way of interest at the rate of 24% per annum as set out in particulars of claim. According to plaintiffs between 22.8.2005 and 16.6.2006 goods worth Rs.22 lakhs and odd amount were delivered to the defendants vide 36 invoices as set out in the plaint. 2. There is no dispute about the receipt of the goods by the defendants. 2 sj349-08.sxw The defendants have disputed the claim on the ground that goods sent through some other consignments that is not covered by the 36 consignments were defective and defendant no.1 has raised debit note to the extent of Rs.51 lakhs on account of the losses suffered by the defendants. In the entire affidavit in reply no grievance is made on behalf of the defendants about the quality and quantity of the goods sent through suit invoices. Across the bar it was argued that defendants have not placed orders for the various goods received by them vide 36 invoices. Such a stand cannot be accepted. If at all the defendants had not placed orders for the goods covered by any of 36 invoices, it was absolutely necessary for the defendants to return the goods to the plaintiffs as and when they reached the factory premises of defendants. The defendants did not do so and retained the goods with them. If this is so defendants have no defence whatsoever on merits of claim put by the plaintiffs. For these reasons, defendants are required to be put to terms to contest the suit. Since the plaintiffs have claimed interest @ 24% on the invoices, right now I am not making the summons for judgment absolute and I am inclined to direct the defendant to deposit the sum of Rs.22,77,000/-, being the cost of 36 invoices. 3 sj349-08.sxw 3. In view of the above, following order is passed to dispose of the summons for judgment. ORDER i) Upon defendants depositing in this Court, the sum of Rs. 22,77,000/- on or before 30.11.2010, defendants are granted leave to defend the suit. Defendants to file the written statement on or before 7.12.2010 directly in the office. Along with written statement, defendants to enclose the documents to show that they have deposited the money. Upon deposit of monies, office to invest Rs. 22,77,000/- in a fixed deposit initially for a period of two years and continue to renew the same for like period till further orders ii) Summons for judgment is disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]