1 sj314-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.314 OF 2009 IN SUMMARY SUIT NO.1561 OF 2009 M/s.Unimex .. Plaintiff Versus M/s.Camex Ltd. .. Defendants Dr.Biren Saraf with Ms.Neeta Solanki i/b. Kiran Jain & Co. for plaintiff Mr.Ajay Panicker i/b. Ajay Law Associates for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 9th November 2011. P.C.: 1] After hearing both sides and perusing with their assistance the earlier orders passed by this Court and particularly dated 3rd August 2011 so also the affidavits on record, I am of the opinion that triable issues arise for consideration and determination in this suit. There will be unconditional leave to defend the suit to the defendants. Needless to clarify that the order passed on 3rd August 2011 will not prevent the plaintiffs from raising appropriate pleas and seeking reliefs in terms of the prayers in the plaint and particularly on the foundation that the entire amount as claimed under the subject suit is due and payable. If there is any amount which is stated to be credited in the books of the plaintiffs by third party as indicated in the order dated 3rd August 2011, then, this order will not prevent the plaintiffs in the eventuality that the receipt of the said amount is proved, to claim for any balance or deficit amount in terms of prayers of the suit. All contentions of 2 sj314-09.doc both sides are kept open. 2] The order dated 3rd August 2011 is clear as it notes the presence of third party and its authorised representative so also it records the statement that it has given credit to the plaintiffs in the sum stated in the said order. 3] The suit is, therefore, transferred to the commercial causes with a direction to file written statement within 12 (twelve) weeks from today. Discovery and inspection to be completed within this period. (S.C.DHARMADHIKARI, J)