1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 322 OF 2008 IN SUMMARY SUIT NO. 1130 OF 2008 M/s.Sevantilal and Sons .. Plaintiff versus Sanjay Pradyuman Shah .. Defendant ... Mr.N.R. Patel for the plaintiff. Mr.Atul G. Damle for the defendant. CORAM : D.G. KARNIK, J DATED : 1st April 2009 P.C.: 1. Heard learned counsel for the parties. 2. The suit is not based on a written contract but based on an implied promise to pay for value of the goods sold, supplied and delivered. 2 3. In view of the decision of the Full Bench in Jyotsna Valia Vs. T.S. Parekh & Co., 2007 (3) BCR 772, such a suit is not maintainable as a summary suit. 4. Defendant is granted unconditional leave to defend the suit. Defendant shall file written statement within 10 weeks. (D.G. KARNIK, J)