*1* SJ-343-09.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.343 OF 2009 IN SUMMARY SUIT NO.1492 OF 2009 Durafit Floors ... Plaintiffs V/s. United Builder ... Defendant Mr. C.N. Chavan for the Plaintiffs. Mr. R.C. Sequeira for the Defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : 28 th November, 2011. P.C. : 1. Heard Mr. Chavan, the learned Counsel appearing on behalf of the Plaintiffs, and Mr. Sequeira, the learned Counsel appearing on behalf of the Defendant. 2. Perused the plaint and the annexures thereto so also the affidavits, which have been filed on record. 3. Apart from the fact that there is a preliminary issue raised that the Plaintiff-Firm is not registered and, therefore, cannot maintain the instant Suit, additionally, on perusal of the materials, I find that the claim of the Plaintiff arises out of a quotation to perform certain work for the Defendant-Builder. On account of non-availability of materials, at some stage, the Plaintiffs themselves have stopped the work. It had resumed *2* SJ-343-09.sxw thereafter, however, the documents that are relied upon including letters do not spell out any contract under which payment for work done was payable to the Plaintiffs. There are no terms of payment, nor any other specifications of the works that have been assigned. In such circumstances, triable issues arise with regard to the liability of the Plaintiffs. The liability of the Defendant-Builder is stated to have arisen on account of work being continued. The contents of the correspondence itself would indicate that the claim is not an admitted one, but disputed throughout. 4. For all these reasons, there shall be unconditional leave to defend. The Suit shall be transferred to the list of commercial causes. 5. The written statement be filed within a period of twelve weeks from today. Discovery and inspection be completed within a period of six weeks. (S.C. Dharmadhikari, J.)