1 SJ300.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 300 OF 2008 IN SUMMARY SUIT NO. 64 OF 2007 Global Impex Inc. ... Plaintiff. V/s. Shree Ambeshwar Paper Mills Ltd. ... Defendant. Mr. Neel Pungalia i/b. Y.N. Adhia with Ms. Shashikala for the Plaintiff. Mr. Rohit Pawaskar with Sunita Pandey i/b. L.J. Law for the Defendants. CORAM : R.Y. GANOO, J. DATED : 20th SEPTEMBER 2010. P.C. :- Heard learned Counsels on both sides. The Plaintiffs have come out with a case that the Defendants had ordered goods as per invoice at Exhibit ‘A’ to the plaint and total cost of the goods was US $ 36,605.52. The Plaintiffs admit that the Defendants have paid a sum of Rs.12,70,000/- and what is recoverable is US $ 9146.06. The particulars of the claim mentions this figure as and by way of principal amount equivalent to Rs.4,23,005/-. The Plaintiffs have claimed interest at the rate of 18% per annum amounting to Rs. 2,50,796/- . That is how the Suit for Rs.6,73,801/- is filed. 2 SJ300.08.sxw 2. It is the case of the Plaintiffs that on account of high seas transactions between the Defendants and M/s. Kamdhenu Hi- Tech Papers, the goods were actually delivered to M/s. Kamdhenu and the Defendants are liable to pay the balance costs of the goods. 3. My attention was drawn to the affidavit in reply where the Defendants in terms admit that on account of High Seas transaction between the Defendants and M/s. Kamdhenu Hi- tech Papers, the goods were delivered to M/s. Kamdhenu. 4. After having perused the affidavit in reply, it is clear that the Defendants admit High Seas transaction between the Defendants and M/s. Kamdhenu Hi-tech Papers. If this is the position, the Defendants were liable to pay the Plaintiffs the balance amount payable towards the costs of the goods. The Defendants have not been able to place on record any material to show that the Plaintiffs were informed that after the High Seas Agreement, the Plaintiffs will have to recover balance monies from the Defendants. If this is the position, the High Seas Agreement between the Defendants and M/s. Kamdhenu High-tech Papers has no relevance as regards liability of the Defendants qua the Plaintiffs. 5. In view of the above, the Defendants are required to put to terms as regards recovery of the monies viz. Rs.4,23,000/-. The question of interest will have to be left at the time of trial as the invoice is silent about the rate of interest. 3 SJ300.08.sxw 6. In view of above, the following order is passed to dispose of the Summons for Judgment :- (i) Upon the Defendants depositing in this Court a sum of Rs. 4,23,000/- on or before 30th October 2010, the Defendants are granted leave to defend the Suit. (ii) The Defendants to file written statement directly in the office on or before 26th November 2010. Alongwith the written statement, the Defendants shall produce proof of having deposited monies in the Court as per this order. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)