IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.87 OF 2008 IN SUMMARY SUIT NO.141 OF 2008 Viral R. Malaviya ..Plaintiff Vs. M/s. Sterling Industries ..Defendants Mr. Girish B. Kedia for the Plaintiff Mr. R.D.Suryavanshi for the Defendants Coram: Smt. Roshan Dalvi, J Date : 09th June, 2009 P.C. 1. The suit is filed upon the three invoices representing the price of goods sold and delivered by the Plaintiffs to the Defendants, Exhibits A, B & C to the Plaint. The lorry receipts signed by the Defendants showing the delivery of the goods are relied upon by the Plaintiff but not annexed to the Plaint. A written contract between the parties is not seen. 2. However, the contract is admitted. Part liability is also admitted. The Defendants reply to the Plaintiff’s notice sent on 23.02.2007 shows outstanding balance amount of Rs.34,130/-. It is the Plaintiff’s case that this amount has remained outstanding since December 2005, and hence the Plaintiff must be paid interest thereon. Upon the express admission of liability Judgment on admission is required to be passed under the provisions of Order 12 Rule 6 of the Civil Procedure Code read with Order 37 Rule 7 of Civil Procedure Code. The suit is decreed to the extent of Rs. 34,130/-. The payment of interest, if any, shall have to be determined in the suit. The Defendants shall have unconditional leave to defend the remainder of the Plaintiff’s action. Summons for Judgment disposed of accordingly. The Defendants shall file their written statement within 30 days. (Smt. Roshan Dalvi,J)