: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. SUMMONS FOR JUDGMENT NO.25 OF 2005 SUMMONS FOR JUDGMENT NO.25 OF 2005 SUMMONS FOR JUDGMENT NO.25 OF 2005 IN SUMMARY SUIT NO.2224 OF 2002 Abdul Aziz Khan ...Plaintiff. V/s. M/s. Uttam Steel Limited ...Defendant. Mr.R.A.Shaikh for the Plaintiff. Mr.Gopal K. Shah i/b Y.C. Dhebar & Co. for the Defendant. CORAM: S.U.KAMDAR,J. CORAM: S.U.KAMDAR,J. CORAM: S.U.KAMDAR,J. DATE : 11th October, 2005. DATE : 11th October, 2005. DATE : 11th October, 2005. P.C.: P.C.: P.C.: 1. Present Suit is filed by the Plaintiff for the refund of the balance amount of Rs.3,61,910/-. It is the case of the Plaintiff that the amount of Rs.8,51,000/- was deposited with the Defendant for supply of scrap material and scrap is supplied of Rs.4,89,090/-. Thus, there is a balance of Rs.3,61,910/-. Admittedly, there is no written contract for the refund of the balance amount. The learned counsel for the Plaintiff pleads oral agreement. No Summary Suit lies on oral agreement. 2. Summons for Judgment is dismissed. 3. Unconditional leave is granted to the Defendants. Suit transferred to the list of Commercial Causes. Written : 2 : Statement or points of defence to be filed four weeks from today. Affidavits list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on Board of the learned Judge taking Commercial Causes. (S.U.KAMDAR,J.) (S.U.KAMDAR,J.) (S.U.KAMDAR,J.)