1 sj394-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.394 OF 2010 IN SUMMARY SUIT NO.929 OF 2010 WITH SUMMARY SUIT NO.929 OF 2010 Deepak Mehta ....Plaintiff V/s. Sunil Trading Company & Ors. ....Defendants Mr.Mehul Shah for the Plaintiff. Mr.G.B. Kedia for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 23RD NOVEMBER, 2011. P.C. :- 1. The suit is filed to recover the price of the goods sold and delivered by the plaintiff to the defendants on the terms and conditions contained in the invoice dated 1.10.2008. The defendants do not dispute having received the goods. The only contention is that the goods were all of inferior quality. The defendants now offer to return the goods. 2. The invoice is dated 1.10.2008. The defendants state that they received the goods on 30.9.2008 and sent the sample for testing 2 sj394-10 to the laboratory. The laboratory gave its report the very next day viz. 1.10.2008. The defendants further allege that their customers to whom the defendants in turn sold the said goods, rejected the same, as evidenced by a letter dated 4.10.2008. The letter dated 4.10.2008 is addressed by the defendants’ customer to the defendants. 3. It is pertinent to note however that the defendants never raised any dispute as regards the quality till they received the plaintiff’s advocate notice demanding payment dated 22.12.2009. Thus during a period of fourteen months, the defendants did not once raise any dispute or offer to return the goods in writing. It is now urged that the defendants had done so orally. The first time any dispute was raised was in a reply to the plaintiff’s advocate notice demanding payment. 4. In the normal course of conduct, the defendants having received the laboratory report dated 1.10.2008 and the defendants’ clients having rejected the goods in writing on 4.10.2008, the defendants would at least once during the fourteen months have called upon the plaintiff in writing to take back the goods, which they have not done. The defence is thus an afterthought. 5. There is no defence to the suit. There is nothing on record that militates against the averments and submissions in the plaint. 6. A compilation of the documents is tendered in Court. The same is taken on record and marked Exhibit “A” collectively. 7. In the circumstances, the summons for judgment is made 3 sj394-10 absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Needless to clarify that the defendants are always at liberty to dispose of the goods, which the defendants claim are in the original condition. Costs to be quantified as per rules. Refund, if any, as per rules.