( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.289 OF 2007 SUMMONS FOR JUDGMENT NO.289 OF 2007 SUMMONS FOR JUDGMENT NO.289 OF 2007 IN IN IN SUMMARY SUIT NO.3371 OF 2006 SUMMARY SUIT NO.3371 OF 2006 SUMMARY SUIT NO.3371 OF 2006 PCS Technology Ltd. ...Plaintiffs V/s. Ashutosh Khatawkar ...Defendants Mr.P.R. Hegde for the Plaintiffs. . Mr.Sunil Malvankar for the Defendant. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 3rd December, 2008. DATED : 3rd December, 2008. DATED : 3rd December, 2008. P.C.: P.C.: P.C.: . Mr.Hegde for the Plaintiffs. Mr.Sunil Malvankar for the Defendants. 2. This Summary Suit is filed for recovery of various amounts on the basis of goods alleged to have been sold to the Defendants. Plaintiffs have not been able to produce before the Court a single delivery ( 2 ) challan duly endorsed by the Defendants in token of having received the goods. If this is the position, the Plaintiffs have not been able to make out the case that goods have in fact delivered to the Defendants for which they are liable to pay. 3. It was sought to be argued that certain defences have been taken up by the Defendants. In my view, if the Plaintiffs have not been able to make out the case that goods have been duly delivered to the Defendants, the Court need not test the defence of the Defendants and it would be proper if unconditional leave to defend is granted to the Defendants as the question of delivery itself has become a triable issue. 4. Unconditional leave to defend is granted to the Defendants. Defendants to file the written statement in the Court directly on 27th January, 2009. 5. Suit is adjourned to 27th January, 2009. 6. Summons for Judgment stands disposed of in above terms with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)