1 sj420-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.420 OF 2010 IN SUMMARY SUIT NO.2368 OF 2010 WITH SUMMARY SUIT NO.2368 OF 2010 Mohanlal J. Jain ....Plaintiff V/s. Arihant Gems & Jewelleries Pvt. Ltd. ....Defendant Mr.D.A. Barot for the Plaintiff. Mr.Mehul Shah with Mr.Mahesh Pol i/b Auroma law for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH DECEMBER, 2011. P.C. :- 1. The suit is filed to recover the balance price of the goods sold and delivered by the plaintiff to the defendant viz. gold ornaments. The goods were admittedly received by the defendant. It is contended however that there was shortfall of 1712.600 grams. It is further contended that the quality of the goods was not as agreed between the parties. The invoices were raised. These defences were taken only in the defendant’s reply dated 21.8.2008 to the plaintiff’s notice demanding payment dated 22.7.2008. Thus for at least one month, the 2 sj420-11 defendant raised no protest as regards the quantity or quality of the goods supplied. The defence now raised is clearly an after-thought. 2. Added to this is the fact that in the past, a cheque in the sum of Rs.13.00 lacs dated 29.10.2007 was dishonoured. Subsequently, two further cheques, dated 14.1.2008 and 8.5.2008 in the sums of Rs.5.00 lacs and Rs.3.00 lacs were also dishonoured. There was no protest from the defendant about the plaintiff having deposited the cheques. If indeed the cheques had been given only on the oral assurance of the plaintiff to make good the quality and the quantity, the defendant would have protested the same immediately. 3. Thus there is no defence to the suit. 4. In the circumstances, the summons for judgment is made absolute and the suit is decreed in the sum of Rs.8.00 lacs together with interest upto the date of the suit at 18% p.a. on the sum of Rs. 5.00 lacs from 14.1.2008 and on the sum of Rs.3.00 lacs from 8.5.2008. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.