: 1 : SJ-381-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 381 OF 2008 IN SUMMARY SUIT NO. 2028 OF 2008 Fulchand Finance Pvt. Ltd. .. Plaintiffs v/s. In Cable Net (Andhra) Ltd. .. Defendants ......... Mr. Gaurav Joshi i/by Anil J. Agarwal for the plaintiffs Mr. Niranjan Pandit, Ms. T.M. Kapadia & V.C. Muralidharan i/by Joy Legal Consultants for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 30th SEPTEMBER, 2010 P.C. : 1. The plaintiffs have instituted this suit for recovery of principal amount of Rs.6,90,00,000/- and interest thereon as set out in the plaint. It is the positive case of the plaintiffs that defendants requested for Inter-Corporate Deposits. From time to time, the monies were advanced. The plaintiffs have relied upon the documents in support of the claim for recovery of sum of Rs.6,90,00,000/-. The said documents are at page nos. 15 to 22 of the plaint. I have considered those documents and other records including affidavit-in-reply and rejoinder. So far as the first transaction of Rs.6,00,00,000/-, from the record one finds that letter requesting plaintiffs to pay to defendants a sum of Rs. : 2 : SJ-381-08=.sxw 6,00,00,000/-. Plaintiffs have paid the said amounts and defendants have not disputed the receipt of the money. So far as the next demand of Rs.70,00,000/-, facts are just the same as that of the earlier demand. Similar demands were made for the subsequent advances namely for Rs.10,00,000/- on two occasions and receipts are executed by defendants for having received a sum of Rs.10,00,000/- being receipt dated 8th January, 2006 and another amount of Rs.10,00,000/- was on the basis of the request letter dated 20th January, 2006. 2. After having considered all the documents starting from page nos. 15 to 25, I am inclined to observe that based on these documents, a summary suit as per Order 37 of the Civil Procedure Code could not have been filed. The argument advanced by learned Counsel for the plaintiffs that these documents constitute a written agreement, cannot be accepted. These documents on the basis of which plaintiffs have filed the suit are in the nature of the request made by the defendants and the said request is accepted and monies are passed on to the defendants. In my view, the request letters and receipts executed would not enable the plaintiffs to file summary suit and as such this suit cannot be entertained as summary suit. Hence, defendants are entitled to unconditional leave to defend. Hence, following order is passed to dispose of the summons for judgment. : 3 : SJ-381-08=.sxw ORDER (i) Defendants are granted unconditional leave to defend. Defendants to file written statement on or before 30th November, 2010 in the office directly. (ii) Defendants to serve copy of the written statement upon the plaintiffs within 15 days from filing of the same in the office. There shall be no order as to costs. (R.Y.GANOO, J.)