1 sj225-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.225 of 2008 in Summary Suit No. 1560 of 2008 Mr.Deepak Hemraj Gala .. Plaintiff v/s. Manjudevi Bhalchandra Bhandari @ Jain and Anr. ..Defendants Mr.Deepak Luliya for the Plaintiff. Mr.H.V.Chande for the Defendants CORAM : R.Y.GANOO, J. DATED : 15th November , 2010 P.C. : 1. The plaintiff claims that he entered into agreement to purchase the suit flat from the defendant in terms of Agreement dated 6.1.2007. The plaintiff claims that defendant did not perform her part of the contract and that is how the plaintiff has terminated the agreement dated 6.1.2007. According to the plaintiff, the sum of Rs.2,51,000/- was paid by the plaintiff to defendant by way of earnest money and the suit is filed for recovery of the said amount of Rs.2,51,000/- along with interest. 2 sj225-08.sxw 2. I have heard learned Counsels on both sides. Looking to the nature of reliefs sought, as well as the stand of the defendant this is a matter where triable issues would arise as the allegations in the plaint that the defendant failed to comply with her part of the contract are denied and disputed by the defendant. Hence the defendants would be entitled to unconditional leave. 3. For the reasons mentioned aforesaid, following order is passed to dispose of the summons for judgment. ORDER i) Unconditional leave to defend is granted to the defendants. ii) The defendants to file written statement directly in the office on or before 19.1.2011. There shall be no order as to costs. Iii) If according to plaintiff the defendants may dispose of the flat in question and try to create problems for the plaintiff, it will be open for the plaintiff to apply for attachment before judgment. If such application is made, the same shall be heard on merits. Summons for judgment is disposed of accordingly. [R.Y.GANOO, J.]