: 1 : sj-46-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 46 OF 2009 IN SUMMARY SUIT NO. 3424 OF 2008 Thyssenkrupp Elevator India Pvt. Ltd. .. Plaintiffs v/s. R.K. Developers .. Defendants ......... Mr. Sachin Joshi i/by M.G. Mimani for the plaintiffs Mr. Tushar Bhavsar i/by Manoj Bhat for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 5th OCTOBER, 2010 P.C. : 1. The plaintiffs have filed this suit for recovery of monies in regard to the cost of the lift as set out in the particulars of claim. The defendants have filed affidavit-in-reply and have come out with the contention that soon after the lift was installed, the lift did not function properly and it was required to be attended to by the Engineers of the plaintiffs. A log-book has been maintained by the defendants and is being relied upon. 2. After having gone through the entire record, it is clear that the lift : 2 : sj-46-09=.sxw supplied by the plaintiffs to the defendants was not upto the mark and services rendered by the plaintiffs in favour of the defendants as regards installation of the lift appear to be poor. The plaintiffs could not produce any record to show that the lift was installed on a particular day and was duly certified as properly installed. 3. Looking to the entire transaction, I am inclined to observe that defendants have been able to put up defence which requires consideration and that defendants are entitled to defend the suit without any condition. Hence, following order is passed. ORDER (i) Unconditional leave to defend the suit is granted. Defendants to file written statement directly in the office on or before 26th November, 2010. (ii) Defendants to serve copy of the written statement upon the plaintiffs within one week from the date of filing of the written statement in the office. Suit to come up in usual course. (R.Y.GANOO, J.)