: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.435 OF 2007 SUMMONS FOR JUDGEMENT NO.435 OF 2007 SUMMONS FOR JUDGEMENT NO.435 OF 2007 IN IN IN SUMMARY SUIT NO.2760 OF 2006 SUMMARY SUIT NO.2760 OF 2006 SUMMARY SUIT NO.2760 OF 2006 M/s.Arihant Gold Plast Pvt.Ltd. .. Plaintiffs. Versus Kena Dairy Products Pvt.Ltd. .. Defendants. Mr.Ramesh Jain for plaintiffs. Mr.K.K.Jadhav for defendants. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 15th October, 2008. DATE : 15th October, 2008. DATE : 15th October, 2008. P.C. :- P.C. :- P.C. :- 1. Learned Advocate for the defendants admits that copy of summons for judgement was served upon them. He further states that defendants have not been following the matter and he has already applied to the Prothonotary and Senior Master for seeking discharge. All this will go to show that defendants have not filed affidavit-in-reply for : 2 : the reasons best known to them. 2. The suit is for recovery of monies on the basis of goods sold and delivered. Invoices are raised as set out in particulars of claim. Transactions are made out. In the absence of affidavit-in-reply, averments in the plaint have gone unchallenged. 3. In addition to the fact that the plaintiffs have been able to make out a case, it is also required to be noted that the defendants had issued a cheque in favour of the plaintiffs for the entire amount, namely, covering the various amounts of the invoices, namely, Rs.1,39,066.93 and the said cheque has been dishonoured. No explanation is coming forth as to how the said cheque came to be dishonoured. This is an additional factor in favour of the plaintiffs. Hence, the summons for judgement can be disposed of by directing the defendants to deposit in this court, a sum of Rs.1,39,000/- as a part of condition to defend the suit. Hence the order :- O R D E R O R D E R O R D E R i) Upon defendants depositing a sum of : 3 : Rs.1,39,000/- in this court on or before 5.12.2008, defendants are permitted to file the written statement. ii) Written statement to be filed directly in this court by the defendants on 10.12.2008 if they so desire. 4. Suit adjourned to 10.12.2008 for filing written statement. Summons for judgement stands disposed of in the above terms with no order as to costs. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)