IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.123 of 2008 IN SUMMARY SUIT NO.890 OF 2007 Pioneer Bio-Pharma Pvt Ltd. ..Plaintiffs Vs. Ajay Dani Prop. M/s. Pharma Chem ..Defendants None present for the parties. Coram: Smt. Roshan Dalvi, J Date : 09th June, 2009 P.C. 1. This suit is filed under the contract between the parties reflected in the Plaintiffs’ purchase order dated 01.12.2005 and the Plaintiffs’ supply of goods under the said purchase order is represented in the Plaintiffs’ invoice dated 08.12.2005 and further reflected in the delivery challans signed by the Defendants on 08.12.2005. The Plaintiffs have sued for the amount under the invoice with interest 18% p.a. thereon from the date of the delivery of the goods until filing of the suit. 2. The Affidavit in reply of the Defendants shows that the goods were of substandard quality. The goods have not been returned, hence the Defendants must pay for the goods. The affidavit in reply shows that the goods were sent to third party who returned the goods to the Defendants. Even after such return by the third party the goods have not been returned to the Plaintiff. The Affidavit in reply shows that the Plaintiffs assured to replace the goods but did not. There is no reason for the Plaintiffs giving assurance. The goods were delivered in December, 2005. The goods were returned by the third party to the Defendants in March 2008. The Plaintiffs are not expected to replace the goods more than two years after the delivery. The defence is moonshine. Summons for Judgment is made absolute as prayed. The suit is decreed accordingly. 3. 2/3rd refund of court fees. (Smt. Roshan Dalvi,J)