1 sj277-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.277 OF 2009 IN SUMMARY SUIT NO.60 OF 2009 Vimlaben Hirji Shah .. Plaintiff Vs. M/s.Nital Trading Co. and Anr. .. Defendants Mr.D.H.Mehta i/b Mr.Paras Vira for the plaintiff Mr.Sajan Ooma for the defendants CORAM : S.C.Dharmadhikari, J. DATE : November 30, 2010 P.C. : 1. This is a summary suit involving the plaintiff Vimlaben Hirji Shah and the defendant M/s.Nital Trading Company and Another. M/s.Nital Trading Company is also defendant no.1 in the companion summary suit no.36 of 2009. The same pleas are raised by the parties and the same defences are taken. 2. I find that the defendants have not produced conclusive proof of repayment of sum due and payable by them to the plaintiff. For the reasons, that persuaded me to pass conditional order in the companion suit, even this summons for judgment is disposed of with a direction to the defendants to 2 sj277-09 deposit a sum of Rs.20 lacs within 16 weeks from today. There will be conditional leave to defend and the suit will have to be transferred to the list of commercial causes. Usual directions to file written statement, discovery and inspection. In default, the consequences in law shall follow. Summons for Judgment is made absolute in these terms. 3. Needless to clarify that in both the matters all contentions in relation to execution of MOU and the claims of the parties therein are kept open and the learned Arbitrator shall proceed to hear the Reference without being influenced by the orders passed in the Summons for Judgment. ( S.C.Dharmadhikari, J. )