- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.1025 OF 2006 IN SUMMARY SUIT NO.2739 OF 2005 ... Sanjay Darooka ...Plaintiff v/s. M/s. Hindustan Insecticides Ltd. ...Defendant ... Ms.M. Thakkar with Ms.S.V.Thakkar for the Plaintiff. None for the Defendant. ... CORAM: D.K.DESHMUKH, J. DATED: 5TH SEPTEMBER,2006 - 2 - P.C.: Notice of Motion is fixed for hearing today. The matter was called twice. None appears for the Defendant, who has taken out this Notice of Motion. Notice of Motion is, therefore, dismissed for default. ... - 3 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUMMONS FOR JUDGMENT NO.711 OF 2005 IN SUMMARY SUIT NO.2739 OF 2005 ... Sanjay Darooka ...Plaintiff v/s. M/s. Hindustan Insecticides Ltd. ...Defendant ... Ms.M. Thakkar with Ms.S.V.Thakkar for the Plaintiff. None for the Defendant. ... CORAM: D.K.DESHMUKH, J. DATED: 5TH SEPTEMBER,2006 - 4 - P.C.: The learned Counsel for the Plaintiff states that the Defendant has been served with summons for judgment. Defendant has filed reply. The principal defence raised by the Defendant was that there is an arbitration agreement in existence between the parties. Defendant had, therefore, taken out Notice of Motion No.1025 of 2006 under Section 8 of the Arbitration & Conciliation Act. But that Notice of Motion has been disposed of. None appears for the Defendant. I have perused the reply. From the reply it appears that the Defendant is not disputing that he has received the goods, for the recovery of price of which the present suit has been filed. From the reply I do not find any substantial defence raised by the Defendant. Defendant is, therefore, not entitled to leave to defend the suit. The summons for judgment is granted. Suit of the Plaintiff is decreed in terms of prayer clauses (a), (b) & (c). Refund of court fees as per rules. - 5 - ...