46. SJ 501-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY . . . . O O C J . 501 2009 SUMMONS FOR JUDGMENT NO OF IN . 2215 2009 SUMMARY SUIT NO OF Paresh Vithaldas Hamlai .. Plaintiff Vs Knowledge Works Global Ltd .. Defendant . . . Mr M J Dewani for the Plaintiff . . / Mr Manish M Kenia i b Legal Spectrum for the Defendant : CORAM . . , . A S OKA J : 31 , 2011. DATE st JANUARY . .: P C 1. Heard learned counsel appearing for the plaintiff and learned . counsel for the Defendant 2. . 81,734.76. The suit is filed for recovery of a sum of Rs The suit claim is based on the invoices raised by the plaintiff on the basis of work carried out by the plaintiff at the office of the . . defendant Reliance is placed on four invoices in the sum of Rs 54,549.48. Reliance is placed on correspondence made . between the parties Reliance is also placed on the notice sent . by the advocate for the plaintiff There is reply to the 1 46. SJ 501-09.doc . Summons for Judgment filed by the defendant Perusal of reply shows that the defendant is claiming adjustment in the sum of . 34,500/- 5 Rs on account of debit note as set out in paragraph . of the reply The defendant has shown readiness and . 20,049/- . willingness to pay a sum of Rs to the plaintiff 3. , Thus liability on the basis of invoices has been admitted by the . defendant and the defendant is claiming adjustment , Essentially there is no dispute about the principal amount . , demanded by the plaintiff Thus there does not appear any . defence as regards the principal amount Though the . 34,500/- defendant claims to have paid a sum of Rs to the 2007, 3 - 5 builder in the year the clause of the e mail dated th 2008 March sent by defendant records that the amount was yet . . , to be paid There is no valid defence However an opportunity deserves to be granted to the defendant to contest the suit . subject to deposit of principal amount 4. , Hence the Summons for Judgment is disposed of by passing : the following order O R D E R 1. . 55,000/- Upon deposit of a sum of Rs within a period of 2 46. SJ 501-09.doc , four weeks from today in this Court the defendant shall be . entitled to defend the suit 2. , On depositing the amount within the stipulated time the . suit shall be transferred to list of Commercial Causes 3. 12 Written statement to be filed within weeks from the date . on which the amount is deposited 4. , If the amount is deposited within the stipulated time the same shall be invested in fixed deposit in any nationalized . bank till disposal of the suit 5. , , In the event the defendant fails to deposit the amount it . will be open for the plaintiff to apply for a decree [ . . , . ] A S OKA J 3 46. SJ 501-09.doc 4