IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.368 OF 2008 IN SUMMARY SUIT NO.2468 OF 2008 Kirit Tejshi Gala .... Plaintiff V/s. Borosil Glass Works Ltd. .... Defendant Mr.Vaibhav Mehta with Nityanarthi Nadar i/by Divyakant Mehta & Associates, for the plaintiff. Mr.J.M.D'Silva, for the defendant. CORAM : D.G.KARNIK, J. DATED : 02nd APRIL, 2009. P.C. 1. Heard the learned counsel for the parties. 2. Plaintiff has filed this suit for recovery of a sum of Rs.1,84,530.56 being the value of the services rendered and work done and for interest thereon. By filing the affidavit-in-reply, the defendant has denied the liability to pay. 3. The defendant placed written purchase orders on the plaintiff. copies of the same are annexed at Exh.A to the plaint. There is no dispute between the parties that these purchase orders were placed by the defendant on the plaintiff. 4. According to the plaintiff, he carried out the work and 2 submitted the bills. The defendant admits that the work was carried out. But, according to him, the work was defective. By reply dated 03-02-2006 sent to the notice of the Plaintiff's Advocate, the defendant has pointed out the defects in the work carried out by the plaintiff. It therefore, cannot be said that the defence of the work being defective is an after-thought. In my view, it would require a trial to ascertain whether there was any defects in the work. However, in Para No.13 of the reply dated 03-02-2006, the defendant has admitted his liability to pay a sum of Rs.76,939/- and Rs.26,754.57 towards the work done subject to adjusting of the advance of Rs.39,286/- paid by the defendant. In view of this admission contained in the reply to the notice as well as a similar admission contained in Para No.21 of the affidavit-in-reply, the defendant can only be granted leave to defend the suit conditional upon deposit of admitted amount. After adjusting the advance of Rs.39,286/-, the amount admitted to be due comes to Rs.64,407/-, (rounded of to Rs.65,000/-). 5. The defendant is granted conditional leave to defend the suit subject to the condition that it deposits in this Court a sum of Rs.65,000/- within four weeks from today. On such deposit, the plaintiff shall be permitted to withdraw the amount deposited by filing personal undertaking that in the event the suit fails, he would refund the said amount. On 3 depositing the amount by the defendant, the suit shall stand transferred to the Commercial Causes. The defendant shall file written statement within a period of eight weeks. ( D.G.KARNIK, J. )