1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDMGNET NO.209 OF 2008 IN SUMMARY SUIT NO.2518 OF 2007 Cinecita Private Limited .. .. Plaintiff v/s. Mehul Entertainment Pvt.ltd. .. .. Defendant Mr.Karl A. Shroff i/by M/s.Singhi & Co. for Plff. Mr.Mehul Shah with Mr.Nevillie D. Deboo for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 12th JUNE, 2009 P.C.: 1.The written contract between the parties was in respect of supply of certain equipments for a Multiplex. Consequent upon the Defendant s offer to the Plaintiff to supply the equipments mentioned in the letter dated 12.10.2001, the Plaintiff supplied the material. There has been acceptance by performance. This performance is reflected in the Plaintiff s invoices enumerated in paragraph 3 of the Plaint. Under these invoices, Rs. 87,12,035/- was payable. A large part of the amount is paid. Part of two invoices, which remained unpaid, is enumerated in the Statement of Claim, Exhibit-D. The Plaintiff has sued for recovery of the part payment 2 upon such written contract, admittedly executed by and between the parties and acted upon. 2.The Plaintiff sent the Demand Notice dated 17.7.2007. The Defendant replied to the Demand Notice making a bare denial that the amount claimed by the Plaintiff as part amount remaining undue was paid and the amount was settled. There are no particulars with regard to how and when there was settlement executed between the parties. 3.In the Affidavit-in-reply to the Summons for Judgment, the defence, which is raised, is that the Defendant has maintained the account on running current account basis and that some of the goods are not of good quality and are returned to the Plaintiff. That amount has been adjusted in the account of the Defendant. It is also stated that the Defendant did not demand anything in respect of the bad quality of the goods supplied in view of relationship between the parties. 4.There is absolutely no evidence showing the return of the goods or settlement of the account. Hence,the defence of bad quality of the goods cannot be accepted. 5.On the Defendant depositing in Court Rs.3.5 Lakhs within 12 weeks from today, the Defendant shall have 3 leave to defend the Suit. If the amount is deposited, the Defendant shall be entitled to file its Written Statement within 30 days of the deposit. 6.The Summons for Judgment is disposed of accordingly. (SMT.ROSHAN DALVI, J.)