mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.99 OF 2008 IN SUMMARY SUIT NO.3494 of 2007 Ashit Luthia .. Plaintiff versus Timms Consultancy Pvt.Ltd. .. Defendant ... Mr. S.T.Manek for the plaintiff. None for the defendant. CORAM : D.G. KARNIK, J DATED :7th July 2009 P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendant. 2. Perused the affidavit of the defendant. In the affidavit, defendant has taken a defence that the goods were not delivered in time. Time for delivery was essence of the contract and that has been explained in the affidavit in reply. Perusal of the delivery challans show that the goods were not delivered on time. In the circumstances, triable issues arise. Defendant is therefore granted unconditional leave to defend the suit. Defendant shall file written statement within 12 weeks. Suit shall stand transferred to the list of commercial causes. (D.G. KARNIK, J)