1 SJ376.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 376 OF 2008 IN SUMMARY SUIT NO. 2492 OF 2008 M/s. Geetee Carriers Pvt. Ltd. ... Plaintiffs. V/s. M/s. Vista Films and Packagings Pvt. Ltd. ... Defendants. Mr. Ketan R. Parekh a/w. Kunjal Sanghavi i/b. K.R. Parekh & Co. for the Plaintiffs. Mr. Anoshak Davar a/w. Vishal Shriyan i/b. Legasis Partners for the Defendants. CORAM : R.Y. GANOO, J. DATED : 29th SEPTEMBER 2010. P.C. :- Affidavit in rejoinder is tendered in the Court. Heard learned Counsels on both sides. The Plaintiffs are transport operators and have provided services to the Defendants inasmuch as goods entrusted to the Plaintiffs by the Defendants have been delivered to the clients of the Plaintiffs. The Plaintiffs have filed the Suit for recovery of Rs.95,605/- and interest thereon on the basis of particulars of claim. To the notice of demand dated 16th May 207, the Defendants have admitted to pay to the Plaintiffs Rs.29,734/- pertaining to 2 SJ376.08.sxw two invoices viz. Invoice Nos. 41115 and 42662. Rest of the invoices referred to in letter dated 16th May 2007 are disputed. 2. On consideration of the entire record it is noticed that the present Suit is for recovery of dues in the nature of running account. In the plaint at paragraph 8 there is a specific mention about certain part payment being made by the Defendants to the Plaintiffs. Proper account in respect of the same are not furnished. The invoices on the basis of which the payment is made are also not annexed to the plaint. Hence, the Court is unable to determine the exact terms and conditions on which the services were rendered by the Plaintiffs to the Defendants. In such a set of situation, I am inclined to grant unconditional leave to the Defendants in regard to the four invoices referred to in letter dated 16th May 2007, the total of which turns out to Rs.65,871/-. So far as the amount of Rs.29,734/-, the Defendants can be directed to deposit the said amount and the Plaintiffs can be permitted to withdraw the same without furnishing any security and question of interest claimed on this amount of Rs.29,734/- will have to be left to trial as the original invoices are not annexed to the plaint and the Court is unable to determine the exact rate of interest as may have been agreed by and between the parties. In view of the above, following order is passed to dispose of Summons for Judgment :- 3 SJ376.08.sxw (i) Upon the Defendants depositing in this Court a sum of Rs.29,734/- in the Court on or before 30th October 2010, the Defendants are granted leave to defend. (ii) The Defendants to file written statement on or before 30th November 2010 directly in the Court. (iii) At the time of filing of written statement, the Defendants to annex documents to show that monies have been deposited as per this order. (iv) Upon deposit of Rs.29,734/- in the Court by the Defendants, the Plaintiffs are permitted to withdraw the same without furnishing any guarantee or security. (v) Prothonotary and Senior Master to act on the basis of authenticated copy of this order. (vi) There shall be no order as to costs. (vii) The Suit to come up in usual course. (R.Y. GANOO, J.)