:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO. 422 OF 2007 FOR JUDGMENT NO. 422 OF 2007 FOR JUDGMENT NO. 422 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 368 OF SUIT NO. 368 OF SUIT NO. 368 OF 1997 1997 1997 M/s. Aditya Industries. ... Plaintiffs. V/s. M/s. Prudential Polywebs Ltd. ... Defendants. AND AND AND SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO. 430 OF 2007 FOR JUDGMENT NO. 430 OF 2007 FOR JUDGMENT NO. 430 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 377 OF 1997 SUIT NO. 377 OF 1997 SUIT NO. 377 OF 1997 M/s. Ritesh Enterprises. ... Plaintiffs. V/s. M/s. Prudential Polywebs Ltd. ... Defendants. Mr. M.C. Shah for the Plaintiffs. Ms. Usha Rahi for the Official Liquidator. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . Heard Mr. Shah, learned Counsel appearing for the Plaintiffs and Ms. Usha Rahi, learned Counsel appearing for the Official Liquidator. 2. Perused the plaint, the Summons for Judgment, affidavit in support and reply. 3. Having perused this material and hearing parties, I am satisfied that the Suit is not maintainable as a Summary Suit because the amount claimed is at the foot of :2: a running account. The balance is not confirmed by the Defendant nor is there any acknowledgment. On the other hand, para 7 of the plaint would indicate that the Plaintiffs are aware that the goods were rejected by the Defendants. That is an aspect which is also clear from the reply, copy of which is annexed at Exhibit ‘E’ to the plaint. 4. In these circumstances, the Plaintiffs will have to prove their claim and the correctness of the entries in the Books of Account. The matter will require evidence be led by the Plaintiffs. It is not possible to decide the dispute in a Summary proceeding and on the basis of affidavits, unconditional leave is granted to defend the Suit. The Suit is transferred to the list of Commercial Causes. Let Written Statement be filed within a period of eight weeks from today. Discovery and inspection within four weeks thereafter. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)