1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 78 OF 2008 IN SUMMARY SUIT NO.1997 OF 2007 Ramesh Jethalal Morbia ....Plaintiff. V/s. Jalaram Construction Company & Ors. ....Defendants. --- Mr.Mahesh J. Devani, for the Plaintiff. Mr.Sunil R. More, for the Defendants. ----- CORAM : S.J. VAZIFDAR, J. DATED : 31ST AUGUST 2009 P.C. : 1. The suit is filed to recover the price of the goods sold and delivered by the Plaintiff to the Defendants on the terms and conditions contained in ten invoices. According to the Plaintiff the receipt of the goods is evidenced by the Defendants having acknowledged the same on the delivery challan. 2. In the affidavit-in-support the receipt of the goods is denied. However, it is pertinent to note that the Plaintiff addressed several letters to the Defendants demanding payment. The said letters include details of the bills including their dates the bill number and the amount. These letters are dated 21.03.2005, 01.04.2005, 14.11.2005, 18.07.2006 and 27.09.2006. There is no reply to any of these letters. In the affidavit-in-reply all is stated that these letters did not warrant any reply as the 2 goods had not been delivered. 3. I am unable to accept this explanation. The letters contain details of the bills. The last letter is in fact the Plaintiff’s Advocate’s notice demanding payment. If the goods had not been received, the Defendants would surely have replied to at least one of these letters. 4. It is also pertinent to note that the Defendants admittedly issued a cheque. It is only contended that the cheque was issued blank. 5. In the circumstances, leave to defend is granted to the Defendants conditional upon the Defendants depositing in this Court a sum of Rs.60,000/- within twelve weeks from today. In the event the Defendants deposit 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. In the event the Defendants fail to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. 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. Summons for Judgment stands disposed of accordingly.