1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.675 OF 2005 SUMMONS FOR JUDGMENT NO.675 OF 2005 SUMMONS FOR JUDGMENT NO.675 OF 2005 IN IN IN SUMMARY SUIT NO.2706 OF 2005 SUMMARY SUIT NO.2706 OF 2005 SUMMARY SUIT NO.2706 OF 2005 M/s.Crystal Traders BVBA ).. Plaintiffs Versus M/s.Sambhav Diamonds ).. Defendants Mr.O.S. Kutty i/b.M/s.Haresh Mehta & Co. for the Plaintiffs. Mr.P.K. Dhakephalkar with Ms.Bhatia i/b.Makhija Associates for the Defendants. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 24TH MARCH 2006 DATED : 24TH MARCH 2006 DATED : 24TH MARCH 2006 P.C.: P.C.: P.C.: . The present Suit has been filed for recovery of an amount of Rs.88,21,364/-. According to the Plaintiffs, they had delivered rough diamonds by a consignment which was despatched on 24th June 2002. An invoice for the amount equivalent to Rs.88,21,344/- in respect of the consignment was raised by the Plaintiffs on 24th June 2002. A Bill of Exchange of the same date drawn by the Plaintiffs was accepted by the Defendants. However, the amount remaind unpaid. According to the Defendants, the goods which were delivered to them were not according to their specifications and, therefore, the amount remained to be paid. Various other defences have been raised by the Defendants, the main one being 2 that the Bill of Exchange was not presented for payment. It appears that the defences raised by the Defendants are an after thought and only to avoid payment. 2. Various reminders were sent by the Plaintiffs to the Defendants. However, the Defendants failed to reply to the same. Ultimately, the Plaintiffs sent a demand notice dated 28th April 2005 which has also not been replied to by the Defendants. 3. However, with a view to give the Defendants an opportunity to defend the Suit, conditional leave granted to the Defendants on the Defendants depositing a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) within twelve weeks from today, failing which the Plaintiffs will be entitled to a decree. 4. If the Defendants deposit the amount as aforesaid, the Prothonotary & Senior Master to invest the same in a Fixed Deposit of a Nationalised Bank initially for a period of three years, to be renewed thereafter till the pendency of the Suit. The Suit shall then be transferred to the list of Commercial Causes.