1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.258 OF 2008 IN SUMMARY SUIT NO.1611 OF 2008 Securitas Security Services (India) Pvt. Ltd. …Plaintiff Vs. M/s. Homepack …Defendant Mr. P. Kumar Jain for Plaintiff i/b. Omprakash Parihar CORAM: SMT. ROSHAN DALVI, J. DATED: 8TH APRIL, 2009 P.C. 1. The Suit is filed as a Summary Suit upon the written contract for providing security guards to the Defendants. The contract does not specify a liquidated amount payable. The contract shows the agreed rate of Rs.4000/- for one security guard for 12 hours duty from 9.00 a.m. to 9.00 p.m from Monday to Saturday plus 10.2% Government service tax. The Plaintiff claims to have provided one security supervisor and two guards. The amount claimed for the security supervisor is not mentioned in the written contract. The 2 amount claimed for the extra security guard is also not shown under written contract. The Defendants have disputed the various bills of the Plaintiff raised for payment made to security guards as well as the security supervisors. The bills show more than one security guard. The bills also show extra security guards. The bills further show duties of 8 hours as well as 12 hours. All these aspects required to be agitated in the Suit. 2. In the affidavit in reply of the Defendants, which is yet under objection, the Defendants have admitted only an amount of Rs.36,543.18 as the pending amount as per their ledger account in consonance with the bills raised by the Plaintiff. The Defendants have stated that they are ready and willing to pay that amount and have offered that amount to the Plaintiff. 3. The Suit is not strictly speaking maintainable as Summary Suit. However, upon the express admission of liability to the extent of Rs.36,543.18 a judgment on admission is otherwise required to be passed under the provisions of Order XII Rule 6 r.w. Order XXXVII Rule 7 of the C.P.C. Since the Defendants’ offer appears to be for payment in full and final settlement and the Plaintiff as 3 sought to agitate the claim with regard to further amount under the bills of the Plaintiff, the Defendants shall deposit the admitted sum of Rs.36543.18 in this Court within 8 weeks from today. Upon such deposit the Defendants shall be entitled to file their written statement within 30 days of the deposit. 4. The Summons for Judgment is disposed of accordingly. (Smt. Roshan Dalvi, J.)