: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.375 OF 2007 IN SUMMARY SUIT NO.3427 OF 2004 Gujarat Sidhee Cement Ltd. ....Plaintiff V/s. Vijay Mirani ....Defendant Mr.A.V. Doijode for the Plaintiff. Mr.Arun M. Bhilane i/b Mr.Vijay M. Vaghela for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 14TH JANUARY, 2008. P.C. : 1. The suit is filed to recover a sum of Rs.1,03,727=80 ps. together with interest at 24% p.a. on the principal sum of Rs.68,400/-. 2. The suit is filed to recover the price of the goods sold and delivered. There is no dispute that the goods were sold and delivered. There is no dispute that the goods were received and appropriated. There is no dispute as to the terms and conditions of the sale which are evidenced by and contained in writing namely invoices which also provided for interest at 24% p.a. : 2 : 3. The only defence is that the Defendant is not the sole proprietor of M/s.Shree Ganesh Marble & Granite. The Defendant contends that his brother Bhavesh is the sole proprietor carrying on business in the said firm name and style. 4. It is difficult to accept this contention. The Plaintiff’s case is that the Defendant had all times held himself out to be a sole proprietor carrying on business in the same firm name and style. This appears to be so inter-alia from the fact that there was no reply to the Plaintiff’s advocates notice demanding payment which was addressed to the Defendant. If the Defendant was not the sole proprietor of the said firm, he would surely have stated so in the reply. 5. In the circumstances, Leave to defend granted to the Defendant conditional upon the Defendant depositing in this Court a sum of Rs.1,05,000/- within eight weeks from today. 6. In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendant to file his : 3 : written statement within four weeks. Discovery and Inspection within four weeks thereafter. 7. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. 8. On the said deposit being made, the Registrar (O.S.)/ Prothonotary and Senior Master to invest the same in any Nationalised 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.