IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.1162 OF 2003 IN SUMMARY SUIT NO.2893 OF 2003 Creation Publicity P.Ltd. .. Plaintiff Vs. Friends India and Anr. .. Defendants Mr.Jose George for the plaintiff Mr.H.N.Thakore i/b Thakore and Joshi for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 23RD AUGUST, 2005 DATED : 23RD AUGUST, 2005 DATED : 23RD AUGUST, 2005 P.C.: . The present suit is filed on the basis of invoice for hoarding charges for display of advertisement. According to the defendants invoice is for the period subsequent to contract period and in respect of which part payment has been made. However, the said part payment relied upon by the plaintiff is not paid by the defendants. In my opinion, apart from the fact that the summary suit is not maintainable on mere invoices there are also triable defences in respect of part payments alleged to have been made by the defendants in the present case and in view thereof, unconditional leave to defend is granted. Suit is transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within 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.