1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.197 of 2008 IN Summary Suit No.366 of 2008 Sayed Shabihul Hasan S/o. Israrul Hasan .. .. Plaintiff v/s. Kishu Manuskhani & ors. .. .. Defendants Mr.A.S. Nagoi for Plff. Mr.Dhiren H. Shah for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. The Suit is stated to have been filed upon the written contract between the Plaintiff and Defendants 1 and 2 to renovate and repair their flat. The Plaintiff carried out certain repairs. The Plaintiff issued his bill dated 4.9.2007 for various separate works done. It is the Plaintiff's case that the Defendants accepted the bill and made payments, part of the payment was made to the Plaintiff and part was made to the Estate Agents – Defendants 3 and 4. The Plaintiff has sought to recover the amounts under the said bill. 2. Upon the execution of the contract, the liquidated amount payable on the bill cannot be made out. The Plaintiff would 2 have to prove each item of the bill to be entitled to the amount claimed by the Plaintiff in the Suit. That would require evidence. The Defendants are granted unconditional leave to defend the Suit. The Defendants to file their Written Statement within 30 days from today. (SMT.ROSHAN DALVI, J.)