- 1 - 31.sj.136.2011 ss.357.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 136 OF 2011 IN SUMMARY SUIT NO.357 OF 2011 M/s.Unimex ..Plaintiffs -Versus- M/s.Akhil Healthcare Pvt. Ltd. ..Defendants .......... Ms.Nita Solanki i/b Kiran Jain & Co. for the Plaintiffs. Mr.Amardev J. Uniyal i/b Amardev J. Uniyal & S.S.Karkada for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 25TH JULY 2011. P.C. 1 The suit is in respect of the suit invoices for the goods sold, supplied and delivered by the plaintiffs to the defendants on the terms and conditions contained in two invoices dated 4th February 2010 and 9th February 2010 of an aggregate value of Rs.1,19,000/-. 2 The defendants deny the receipt of the invoices. The defendants deny the receipt of the plaintiffs’ advocates notice dated 20th December 2010 demanding payment. The RPAD and UPC acknowledgments prima- - 2 - 31.sj.136.2011 ss.357.11 facie indicates that the demand notice was served upon and received by the defendants. Moreover, the defendants do not deny having placed a purchase order on 4th February 2010. There was no follow up from the defendants alleging that the goods had not been supplied pursuant to the purchase order. That would indicate that the supply had been made. 3 The defence raised does not appear to be bona-fide. 4 In the circumstances, the Summons for Judgment is disposed of by the following order :- i) Leave to defend is granted to the Defendants conditional upon the Defendants depositing in this Court a sum of Rs.1,20,000/- within eight weeks from today. ii) In the event the Defendants deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendants to file their written statement within thirty days. Discovery and Inspection within four weeks thereafter. iii) In the event the Defendants fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. - 3 - 31.sj.136.2011 ss.357.11 iv) On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized 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 Summons for Judgment stands disposed of accordingly. -