- 1 - 902.sj.154.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 154 OF 2011 IN SUMMARY SUIT NO.1218 OF 2011 M/s.Proctor Marketing Pvt. Ltd. ..Plaintiff -Versus- M/s.S.S. Engineers & Ors. ..Defendants .......... Mr.S.K.Jain a/w. Mr.Siddharth Murarka for the Plaintiff. Ms.Meena Kshirsagar a/w. Mr.Avihash B. Avhad for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 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 various invoices. 2 The receipt of the invoices and the corresponding goods is denied by the defendants. The receipt of the notice demanding payment is also denied by the defendants. - 2 - 902.sj.154.2011 3 It is true that the delivery challans are on the letterhead of the plaintiff’s sister concern – M/s.Rohit and Company. However, the quantities mentioned therein correspond to the quantities mentioned in the invoices. The value of the denials of the receipt of the invoices and the demand notices is considerably reducing by the fact that the plaintiff’s claim has been acknowledged in the first defendant’s balance-sheet for the year 1st April 2009 to 31st March 2010. The defendants have admitted the dues in the sum of Rs.22,79,400.80. It is possible that the amount includes the amounts due to the plaintiff’s sister concern. The claim in suit is however less than this amount. 4 In the circumstances, the Summons for Judgment is disposed of by the following order :- i) Leave to defend is granted to the Defendants conditional upon the Defendants depositing in this Court a sum of Rs.17,00,000/- on or before 31st December 2011. ii) In the event the Defendants deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendants to file their written statement within thirty days. Discovery and Inspection within four weeks thereafter. - 3 - 902.sj.154.2011 iii) In the event the Defendants fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. iv) On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and and thereafter for like periods of two years each. The Summons for Judgment stands disposed of accordingly. -