: 1 : SJ-104-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 104 OF 2008 IN SUMMARY SUIT NO. 165 OF 2007 New Port Europe B.V. Ltd. .. Plaintiffs v/s. Savi Chemicals (Vapi) Pvt. Ltd. .. Defendants ......... Ms. Anvee Mehta i/by M/s. Yusufs & Associates for the plaintiffs Mr. Rishabh Shah i/by Pandya Gandhi & Co. for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 27st SEPTEMBER,2010. P.C. : 1. Heard learned Counsel on both sides. It is the case of the plaintiffs that on the strength of letter dated 5th January, 2005 at Exh.B to the plaint, parties arrived at certain commercial relations and defendants did not perform their part of the contract. Learned Counsel for the plaintiffs contended that letter dated 5th January, 2005 amounts to offer and the same came to be accepted by the defendants. Even if it is accepted that letter dated 5th January, 2005 constitutes as offer, there is no written agreement by and between the parties. If this is be : 2 : SJ-104-08=.sxw so, Summary Suit cannot be instituted on the basis of what has transpired after the letter dated 5th January, 2005 was sent by plaintiffs’ agent through defendants’ agent. Nothing is placed before the Court to show that defendants have admitted their liability to pay the plaintiffs’ claim. If this be so, requirement of Order 37 of CPC as regards institution of the summary suit are not complied with. Hence, institution of this suit as a summary suit was not proper. Defendants are, therefore, entitled to unconditional leave. Hence, following order is passed to dispose of the summons for judgment. ORDER (i) Unconditional leave is granted to the defendants. (ii) Defendants to file written statement directly in the Court on or before 19th November, 2010. (iii) Defendants to serve a copy of the same upon the advocate for the plaintiffs within one week from the filing of the said written statement in the office. (R.Y.GANOO, J.)