IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.385 OF 2008 IN SUMMARY SUIT NO.2358 OF 2008 Prince Wood .... Plaintiff V/s. Pankaj Agency .... Defendant Mr.D.G.Aras i/by Aras & Co., for the plaintiff. Mr.Raja Ratan Bhura i/by Singhania Legal Services, for the defendant. CORAM : D.G.KARNIK, J. DATED : 02nd APRIL, 2009. P.C. 1. Heard the learned counsel for the parties. Perused the copies of the documents annexed to the plaint as well as the affidavit-in- reply. 2. Plaintiff has filed this suit for recovery of the price of the goods sold, supplied and delivered to the defendant. The defendant has raised several defences regarding the quality of the goods as also that some material has been rejected and has also alleged that the bills were raised at a rate higher than the agreed rate. In my view, these defences are not moonshine, but they require adjudication at the trial. Hence, the defendant is entitled to leave to defend. 3. However, in para No.6 of the affidavit-in-reply, defendant has admitted liability in part. In sub Para 3 of Para No.6, he has stated that 2 Invoice dated 17-02-2007 bearing Bill NO.1724 of Rs.7,68,667/- included 38% rejected materials and there was an increased billing of Rs.75/- per cubic feet as against the agreed rate of Rs.700/-. The defendant has further stated that he was willing to pay balance amount after adjusting the rejected materials. This value comes to approximately Rs.4,30,453/-. Thus, the defendant has unequivocally admitted the liability to the extent of Rs.4,30,000/- (rounded off). Therefore, the defendant can be granted leave to defend the suit subject to deposit of this amount in this Court. 4. The defendant is granted conditional leave to defend the suit subject to deposit of Rs.4,30,000/- in this Court within four weeks. On such deposit, the suit shall stand transferred to the list of Commercial Causes. Defendant shall file written statement within eight weeks. Plaintiff is permitted to withdraw the amount deposited in the Court by furnishing personal undertaking to repay the amount in the event the suit is dismissed. ( D.G.KARNIK, J. )