: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.133 OF 2009 IN SUMMARY SUIT N.315 OF 2009 Mita Fasteners Pvt. Ltd. .. Plaintiffs v/s. M/s. Reshmi Industries (India) Pvt. Ltd. .. Defendants Unit II ......... Mr. Nilesh S. Das for the plaintiffs None for the defendant s ......... CORAM : R.Y.GANOO, J. DATE : 14th JUNE, 2010. P.C. : 1. The defendants have not filed affidavit in reply despite time being granted. Learned Counsel for the plaintiffs states that costs ordered as per order dated 30th April, 2010 have not been paid. 2. The compilation of documents is tendered in the Court. Learned advocate for the plaintiffs relied upon the documents at page 71 of the compilation to point out that defendants had agreed to pay certain amounts more particularly stated in the : 2 : letters at page nos. 71 and 72. Perusal of the same goes to show that defendants have not paid certain amounts This is manifested in terms of the another notice sent by plaintiffs dated 27th April, 2008. In my view, the defendants can be put to terms to defend the suit. I am inclined to fix the figure of Rs. 8 lakhs as condition to defend the suit. Hence, the following order is passed. ORDER (i) Upon defendants deposing sum of Rs.8 lakhs in this Court on or before 19th July 2010, defendants are permitted to defend the suit. (ii) Defendants to file written statement in this Court directly in this Court on 26th July, 2010. Adjourned to 26th July, 2010 for written statement. (iii) Summons for Judgment No.133 of 2009 stands disposed of accordingly. Compilation of documents is taken on record. (R.Y.GANOO, J.)