1 sj329-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.329 OF 2010 IN SUMMARY SUIT NO.1864 OF 2010 Sanjeev Gupta, Pro. Of Global Advertisers ....Plaintiff V/s. M/s.Sukh Sagor Institute ....Defendants Mr.G.B. Kedia for the Plaintiff. Ms.Neeta V. Parikh for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND NOVEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts due and payable in respect of the hoardings set up by the plaintiff at the request and on behalf of the defendants. 2. By a letter dated 19.1.2010, the defendants booked the hoardings with the plaintiff on certain terms and conditions. On each occasion the plaintiff forwarded a confirmation report of the hoardings for display. The details in respect thereof was stated. The terms and conditions including for payment were also stated. The confirmation report was accompanied by the relevant invoice. 3. In respect of the suit invoice, the defendants granted an 2 sj329-10 approval to each of the confirmation reports. There is no dispute that the hoardings were put up by the plaintiff as per the above confirmation reports, approved by the defendants. 4. The defendants however after the hoardings were put up and after the completion of the contract sought to raise certain issues regarding the manner in which the hoardings were put up. According to the defendants an amount of only Rs.78,000/- is now due and payable by the defendants to the plaintiff. This also is subject to the defendants returning the material including flexes. The defence regarding the hoardings not having been put up as required by the defendants is afterthought. There is no dispute that the plaintiff has carried out the work. The allegation regarding the quality of the work was raised only after the period for which the hoardings were to be put up was over. 5. There is no bona-fide dispute to the suit. 6. The summons for judgment is therefore disposed of by the following order :- i). Leave to defend granted to the defendants conditional upon the defendants depositing in this Court a sum of Rs. 3,86,000/- on or before 22.2.2012. ii). 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. Affidavit of documents within four weeks thereafter. Discovery and 3 sj329-10 inspection forthwith thereafter. iii). 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 thereafter for like periods of two years each. iv). In the event the defendants fail to deposit the aforesaid amount, liberty to the plaintiff to apply for further orders.