1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 11 OF 2008 IN SUMMARY SUIT NO. 3396 OF 2007 Building Diagnostics & Solutions ...Plaintiff Vs. Juhu Blue Sea Co-op. Hsng. Soc Ltd. ...Defendant Mr.S.Shamim for Plaintiff None for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 8 TH JUNE, 2009 P.C. 1. The Summons for Judgment has been taken out in January, 2008. It has been served upon the Defendant’s Advocate on 18 th January, 2008. There is no affidavit in reply filed by the Defendant. Hence, no defence to the Plaintiff’s action is disclosed by the Defendant. 2. The suit is filed for recovery of amounts by the Plaintiff as Contractor for carrying out certain construction work for the 2 Defendant Society. Under the written agreement between the parties dated 15 th March, 2004 the Plaintiff was to submit bills which were to be certified by the Consultant. The Plaintiff submitted bills from time to time. The Consultant certified the bills. The Defendant made payments. 3. The services of the Consultant has been terminated by the Defendant. The Consultant is shown to be unwilling to provide services to the Defendant. The Plaintiff has sued upon the final bill. The Consultant has not certified that bill. The amount claimed by the Plaintiff upon a final bill is not liquidated amount payable under the written agreement. 4. Summary Suit cannot lie for recovery of suit amount. The Defendant shall have unconditional leave to defend the suit. The Defendant shall file written statement within 8 weeks. 5. Summons for Judgment is disposed of accordingly. (SMT. ROSHAN DALVI, J.)