MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.529 OF 2006 IN SUMMARY SUIT NO.2725 OF 2006 Shimnit Kiwalite Industries Ltd....Plaintiff Versus Ashok s/o.Jagdishchandra Balmukund Bundiwal & Anr. ....Defendants. Mr. S.M. Khaire, for the Plaintiff. Ms. Chandana Salgaocar Radia, for Defendants. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 P.C.: P.C.: P.C.: . The suit is filed to recover the price of goods sold by the Plaintiff to the Defendant on the terms and conditions contained in the invoices issued by the Plaintiff. The only defence is that the Plaintiff has wrongly demanded sales tax including surcharge at 15.3% instead of 5.4%. Thus according to the Defendant an excess amount of 9.9% has been paid. The other contention is that the Defendant has filed a suit bearing No.827 of 2004 before the Civil Judge, Senior Division, Nagpur for recovery of the excess sales tax paid not merely under the suit invoices but in respect of other transactions also. In that suit the Plaintiff has also sought refund on account of allegedly defective supplies. 2. I have by a separate order today dismissed Defendant’s Application under Section 10 of the Code of Civil Procedure. The transaction in this suit and the transactions in the suit filed by the Defendant are different. The only overlapping is with respect to the excess sales tax allegedly paid. The Plaintiff has admittedly paid the sales tax to the concerned authorities as demanded. In any event this would amount to only about 10% of the suit claim. 3. In these circumstances Summons for Judgment is made absolute and the suit is decreed in the sum of Rs.3,34,200/- together with interest on the sum of Rs.3,01,661/- at the rate of 18% per annum from the date of filing of the suit till payment and/or realisation and costs. 4. Leave to defend the balance claim is granted on the Defendant depositing in the Court a sum of Rs.81,708/- within 12 weeks from today. . In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendant to file his written statement within 30 days. Discovery and inspection to be completed within four weeks thereafter. . On the said deposit being made, the Prothonotary & Senior Master to invest the same in any nationalised bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 5. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. . Summons for Judgment stands disposed of accordingly. ......