SJ278-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.278 OF 2009 IN SUMMARY SUIT NO.1296 OF 2009 Alfa Timber Traders .. Plaintiff Versus M/s.Premier Infra Projects Pvt.Ltd. .. Defendant Mr.Devendra Sharma for plaintiff Mr.H.S.S.Murthy i/b. Vikrant Narkar for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2010. P.C.: 1] The suit is to recover a sum of Rs.1,43,164.21, consisting of the invoice amount of Rs.1,24,065/- and interest of Rs.19,099.21. 2] Though, the recovery is under Annexure “C” which is invoice for the goods sold, supplied and delivered by the plaintiffs to the defendants, my attention is invited to the stipulations with regard to the rate of interest and it is stated that the suit is filed on the basis of SJ278-09 2 the written contract evidenced by purchase orders, delivery challans and invoices. The goods are received and no protest was lodged with regard to their quality, quantity. Further, even after the receipt of invoice dated 4th December 2007, no amount was paid and that is how the letter of demand was addressed, in reply to which for the first time a grievance was raised with regard to some inferior quality of materials without specifying which lot and when received. 3] It is in such circumstances, that the suit is filed. 4] Same stand is reiterated in para 3 of the reply. I am satisfied that the suit is based on the written contract as evidenced by the purchase orders, delivery challans and invoices and seeks to recover a fixed sum thereunder. The claim that the goods were of inferior quality is not even prima facie substantiated by production of any complaint in writing or other documents to show that goods of inferior quality were supplied and, therefore, rejected. In such circumstances, the following order would meet the ends of justice. SJ278-09 3 5] On the defendants depositing in this Court a sum of Rs.1 lakh within a period of three months from today, leave to defend the suit is granted. On such deposit being made, suit be transferred to the list of commercial causes with usual terms with regard to filing of written statement, discovery and inspection. Summons for Judgement is made absolute accordingly. In default, all consequences in law to follow. (S.C.DHARMADHIKARI, J)