1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.214 OF 2009 IN SUMMARY SUIT NO.944 OF 2009 Soham Arts .. Plaintiffs Vs. Perfect Point .. Defendants Ms.Poonam Mittal for the plaintiffs CORAM : S.C.Dharmadhikari, J. DATE : September 15, 2010 P.C. : 1. The plaintiffs state that this is a Summary Suit for recovery of sum of Rs. 1,33,764.38 as per the particulars of claim Exhibit 'D which is based on a written contract as evidenced by the invoices and delivery challans. There was a contract wherein the plaintiffs sold and delivered the goods to the defendants, receipt of which is not disputed according to the plaintiffs. Further, there is no dispute about the quality or quantity thereof either. Invoices have been received but the amount therein has not been paid. Demand notice was issued, even that was received but the defendants did not reply to the same. The suit claim is within the limitation and this court has territorial jurisdiction according to the plaintiffs because the defendants 2 are carrying on business at Bombay. Therefore, the decree as prayed be passed and the Vakalatnama has been filed only to delay the passing of decree in the suit. 2. On earlier occasion and even today the defendant and its advocate have remained absent. However, there is an affidavit in reply on record. With the assistance of the counsel appearing for the plaintiffs, I have perused the plaint and the annexures, so also, the affidavit in reply. In the affidavit in reply, the defendant has stated that the claim of the plaintiff is not Rs. 1,33,760.72 but Rs.1,31,410.67. That figure is confirmed by the defendants on the basis of the account. Once the defendants confirm this figure and state that the liability is not to the extent of Rs.1,33,760.72 but Rs.1,31,410.67 then, in terms of the Order 37 Rule 3 of Sub Rule 5 (second proviso), the defendants would be entitled to leave to defend only on the admitted amount being deposited in the court. Hence, the following order: 3. On the defendants depositing in this court, a sum of Rs.1,31,410.67 within a period of 8 weeks from today, there will be conditional leave to defend and the suit will have to be transferred to the list of commercial causes. Usual directions to file written statement, discovery and inspection. In default, the consequences in law shall follow. Summons for Judgment is made absolute in these terms. ( S.C.Dharmadhikari, J. )