1 sj402.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 402 OF 2010 IN SUMMARY SUIT NO. 965 OF 2009 Inter Design & Anr. ......Plaintiffs. Vs. Stellar Information Systems Ltd. ......Defendants. None for the Plaintiffs. Mr. Sanjeev Punalikar i/by M/s. PRS Legal for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATE :- 11/11/2011. P.C.:- None appeared for the Plaintiffs though called out twice. The matter was adjourned on 09/09/2011 for settlement. The learned counsel appearing for the Defendants makes statement that there is no proposal of settlement till this date. 2 The Plaintiffs’ case is based upon the invoices and related documents for Interior Decoration work which was done at Bangalore. To those invoices, Defendants have already replied and denied the contents to the Plaintiffs’ case of non-payment for work done. The 2 sj402.10.sxw ssm reply was regarding abandonment of work and the completion of work by the Defendants through the third agent. 3 Considering the averments made as well as the documents so referred and relied, it is clear that the nature of transaction and averments so made referring to the same, unless adjudicated in the trial, the Summons for Judgment as claimed cannot be granted as the amount was never crystalized or acknowledged by the Defendants at any stage and/or in any documents. 4 Resultantly, I am of the view that the Defendants have made out the good case to defend. The Suit stands transferred to the list of commercial causes. The Summons for Judgment is therefore, disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.)