: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.434 OF 2007 SUMMONS FOR JUDGEMENT NO.434 OF 2007 SUMMONS FOR JUDGEMENT NO.434 OF 2007 IN IN IN SUMMARY SUIT NO.2917 OF 2006 SUMMARY SUIT NO.2917 OF 2006 SUMMARY SUIT NO.2917 OF 2006 M/s.Shree Plastometch .. Plaintiffs. Versus Kena Dairy Products Pvt. Ltd. .. Defendants. Mr.Ramesh Jain for the plaintiffs. Mr.K.K.Jadhav for the defendants. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 15th October, 2008. DATE : 15th October, 2008. DATE : 15th October, 2008. P.C. :- P.C. :- P.C. :- 1. Learned Advocate for the defendants admits that copy of summons for judgement was served upon them. He further states that defendants have not been following with the matter and he has already applied to the Prothonotary and Senior Master for seeking discharge. All this will go to show that defendants have not filed : 2 : affidavit-in-reply for the reasons best known to them. 2. The suit is for recovery of monies on the basis of goods sold and delivered. Invoices are raised as set out in particulars of claim. Transaction are made out. In the absence of affidavit-in-reply, averments in the plaint have gone unchallenged. Hence, the summons for judgement can be disposed of by directing the defendants to deposit in this court, a sum of Rs.4.00 lacs as a part of condition to defend the suit. Hence the order :- O R D E R O R D E R O R D E R i) Upon defendants depositing a sum of Rs.4.00 lacs in this court on or before 4.12.2008, defendants are permitted to file the written statement. Written statement to be filed in this court directly on 10.12.2008. 3. Suit adjourned to 10.12.2008 for filing written statement. Summons for judgement stands disposed of in the above terms with no order as to costs. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)