1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.165 OF 2009 IN SUMMARY SUIT NO.694 OF 2009 Permalon Transmission P.Ltd. .. Plaintiffs Vs. Charlie Texpro .. Defendants Mr.H.V.Chande for the plaintiff Mr.G.B.Kedia a/w Mrs.D.S.Sanghvi for the defendants CORAM : S.C.Dharmadhikari, J. DATE : September 2, 2010 P.C. : 1. Heard both the sides. 2. As far as the Chamber Summons is concerned, Mr.Kedia, the learned counsel for the defendants, makes a statement that subject to final orders in this Summons for Judgment, at an appropriate stage, the defendants will raise a the plea of Jurisdiction which is without prejudice and does not press this Chamber Summons. Chamber Summons is disposed of with liberty as prayed by Mr.Kedia. 2 3. The invoice no.605 dated 25.12.05 which was due and payable on 20.01.06. is the subject matter of this Summary Suit and the Summons for Judgment. It is stated that the suit claim arose out of a written contract evidenced by the invoice and the delivery challan. Out of 5 invoices that have been raised, payment in respect of only one has not been made. The principal amount of the invoice no.605 is Rs.10922 and overdue interest @ 24% p.a. is Rs.7620. This amount of Rs.18,542 with further interest is stated to be due and payable. 4. After hearing the parties and considering the pleas raised in the affidavit in reply, it is undisputed that it is only one invoice which is made subject matter of the suit. Interest of Justice would be served, if conditional leave is granted to defend the summary suit. Accordingly, on the defendants depositing a sum of Rs.25,000/- in this court within a period of 4 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. Summons for Judgment is allowed accordingly. ( S.C.Dharmadhikari, J. )