1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.528 OF 2007 IN SUMMARY SUIT NO.2910 OF 2007 M/s. Trinity Trading Syndicate ..Plaintiffs versus M/s. Suniti Enterprises & Another ..Defendants Mr.O.J.Kutty for the Plaintiffs Mr. Tejal Dande for the Defendants CORAM : S.J.VAZIFDAR, J. DATE : 10th AUGUST, 2009. P.C: 1. The suit is filed to recover sum of Rs.4,40,000/- with interest thereon at 18% per annum from the date of filing of the suit till payment. 2. The suit is filed to recover price of goods sold and delivered. The suit is based on invoices as well as dishonoured cheques. 3. It is not necessary to set out the Plaintiff s case in this regard as the claim as such is not denied. The defence is that there was an 2 arrangement between the Plaintiffs and their sister concern P.K.Sales. The arrangement is contained in the alleged letter dated 12.2.2002 whereunder the Defendant is allegedly entitled to 10% of the total order value in respect of the products sold by the Plaintiffs and their sister concern P.K.Sales. Under the said letter the Defendant is also entitled to reimbursement of certain expenses including for travelling, lodging, boarding etc. However, it is important to note that under Clause No.3 of the said alleged letter, the above expenses are to be paid by P.K.Sales and not by the Plaintiffs. Thus, even assuming that the said letter is genuine, the Plaintiffs would not be liable for the same. The mere fact that the Plaintiffs and P.K.Sales are sister concerns would make no difference. It is to be noted that neither the Plaintiff nor P.K.Sales is alleged to be the sole proprietory concern of the same person. Infact, the Plaintiffs are a partnership firm. 4. Further, the amount of about Rs.1,17,902/- is 3 admitted as the Defendants alleged claim is only to the extent of Rs.3,22,098/-. 5. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed in the sum of Rs.1,17,902/- together with interest thereon from 15.1.2006 i.e. the date of dishonour of the cheque till payment and/or realisation. 6. The Defendant shall be entitled to leave to defend the balance amount conditional upon depositing in this court the sum of Rs.1,50,000/- on or before 31.10.2009 In the event the Defendant 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. 7. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. 8. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any 4 nationalized bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 9. Summons for Judgment stands disposed of accordingly.