1 sj178.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 178 OF 2011 IN SUMMARY SUIT NO. 2000 OF 2009 Bhudraram M. Patel ......Plaintiff. Vs. Intech Surface Coating Pvt. Ltd. Pune ......Defendant. Mr. K.S. Tripathi for the Plaintiff. None for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATE :- 23 DECEMBER 2011. P.C.:- The Plaintiff has taken out this Summons for Judgment in a Suit for recovery of total sum of `3,74,140/- based upon the invoices as the Defendant received and accepted and acknowledged the goods as well as the liability, but failed make the payment. The Plaintiff issued demand notice. The Defendant made part payment from time to time. Therefore, on 14 January 2011 this Court has permitted the Plaintiff to take out fresh Summons for Judgment for balance amount. The Plaintiff therefore, has taken out this Summons for Judgment for balance amount for `90,302/- which covers the balance principal 2 sj178.11.sxw ssm amount and the agreed interest. An Affidavit of service is filed. None appeared for the Defendant though served. From the averments made in the Plaint as well as the supporting evidence read with the supporting documents and as there is no denial to the same and in fact the Defendant has made part payments from time to time, I see there is no reason now to keep this matter pending. The Defendant has in fact acknowledged the liability of the amount claimed in the Suit. The Plaintiff has made out the case for Summons for Judgment as prayed. The Summons for Judgment is accordingly granted. 2 The learned counsel appearing for the Plaintiff makes statement that in view of grant of this Summons for Judgment, nothing survives in the Summary Suit as he has received total amount, though, from time to time. 3 Resultantly, the Summons for Judgment as well as the Summary Suit are disposed of. There shall be no order as to costs. Refund of Court fees, if any, in accordance with law. (ANOOP V. MOHTA, J.)