1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 512 OF 2007 IN SUMMARY SUIT NO. 2436 OF 2007 Kansai Nerolac Paints Ltd. .. Plaintiff V/s Tirupati General Stores & Ors. .. Defendants Mr. Gautam Mehta with Mr. Bimal Bhabhda i/b Apte & Co. for the plaintiff. Ms. Kavita Shah for the defendants. CORAM : D.G. KARNIK, J. DATE : 25TH JUNE 2009 P.C. : 1. Heard the learned counsel for the parties. 2. The plaintiff has claimed Rs.1,72,540/- as the principal sum. The defendants, by filing affidavit in reply, has stated that the defendants have paid a sum of Rs.1,00,000/- in full and final settlement. By filing affidavit in rejoinder, the plaintiff has admitted the receipt of Rs.1,00,000/-. It is worthy to note that the plaintiff has not disclosed the receipt of Rs.1,00,000/- in the 2 plaint. The plaintiff has thus suppressed the fact of receipt of the sum of Rs.1,00,000/-. The defence of the defendants that Rs.1,00,000/- was paid to the plaintiff in full and final settlement raises triable issues. The defendants are therefore entitled to unconditional leave to defend the suit. Hence, I pass the following order: (a) The defendants are granted unconditional leave to defend the suit. The suit shall stand transferred to the list of commercial causes. The defendants shall file the written statement within 12 weeks. (b) The summons for judgment is disposed of. (D.G. KARNIK, J.)