- 1 - 36.sj62.2011.ss.80.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 62 OF 2011 IN SUMMARY SUIT NO. 80 OF 2011 Mr.Sanjeev M. Gupta ..Plaintiff -Versus- Myur Borkar ..Defendant .......... Mr.Girish B. Kedia for the Plaintiff. Mr.Sanjeev Sawant a/w. Mr.Sandeep Barve i/b B.K.Barve for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH JULY 2011. P.C. 1 The plaintiff has sought a decree in a sum of Rs.5,26,222/- together with interest at the rate of 12% per annum on the principal sum. The claim arises in respect of four purchase orders placed by the defendant on the plaintiff under which the plaintiff had to put up hoardings on behalf of the defendant. The purchase orders stipulated the rates. 2 Upon executing the work, the plaintiff forwarded completion reports in respect of the four purchase orders. A reservation was expressed only - 2 - 36.sj62.2011.ss.80.11 in respect of two of them. Thereafter, the plaintiff forwarded its invoices in respect of the said work. Only part payment was made. Hence this suit. 3 I am inclined to pass an order only in respect of the first two purchase orders as in respect thereof there is no defence. The contention that the work was not done properly, is without substance. No such grievance was made, up to the date of filing of the suit. Even on receipt of the completion report, no reservation was expressed regarding the quality and quantum of the work. It is also significant that in respect of the other two invoices such a reservation was expressed. It is reasonable to infer that the defence now raised, is mere after thought. 4 In the circumstances, the Summons for Judgment is made absolute and suit is decreed in the sum of Rs.2,91,000/-. 5 Unconditional leave to defend in respect of the balance claim. It is also clarified that the plaintiff shall also be entitled to claim any further amounts towards interest in respect of the first two purchase orders or invoices. Refund of court fees, if any, as per rules. -