1 947.SJ-477-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 477 OF 2009 IN SUMMARY SUIT NO. 2373 OF 2007. Pavanraj Bachrajji Mehta. ..Plaintiff. vs. Yagnam Pulveriser Pvt. Ltd. ..Defendants. .... Mr. Suresh J. Shah, i/b. Bharat Joshi, for Plaintiff. Mr. M.A. Dharmaraj, for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD AUGUST 2011. P.C. : The Suit is filed on the basis that the Plaintiffs had supplied certain goods to the Defendants under three bills which are at Exhibits ‘A’, ‘B’ and ‘C’ to the Plaint aggregating to Rs. 1,94,400/-. The Defendant has denied having received goods under the said bills from the Plaintiff. 2. The Plaintiff has in paragraph 2 of the Plaint stated that “The Plaintiff has forwarded the original bills, transfer receipts and delivery challans to the Defendants and the Defendants have accepted the said bills and goods without any dispute till this date.” However, the Plaintiff is unable to produce any document before this Court to show that the Defendant has in fact received the goods as alleged by the Plaintiff. In view thereof, whether the Defendant has received the goods as claimed by the Plaintiff in the Suit is a triable issue which will have to be decided after the parties lead the necessary evidence. The Defendants are therefore granted 2 947.SJ-477-09 unconditional leave to defend the Suit. The Defendants to file their written statement within a period of four weeks from today. The hearing of the Suit is expedited. 3. Place the Suit for framing of issues on 13th September 2011. [ S.J. KATHAWALLA, J. ]