*1* sj.88.10.ss.2226.09.20 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.88 OF 2010 IN SUMMARY SUIT NO.2226 OF 2009 Kahan Jewelry Corporation. ..Plaintiff -Versus- Classic Diamonds (India) Ltd.. ..Defendants .......... Mr.Gutam Ankhad a/w Ms.Rajalaxshmy Mohandas i/b ALMT Legal, for the Plaintiff. Mr.Suresh Gupte i/b KRY Legal, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd December, 2010. P.C. 1 Heard the learned counsel for the parties. Perused the plaint and annexures thereto. 2 Assuming that there was any transaction between the parties as evidenced by Annexures A to D to the plaint, from perusal of page Nos. 19 to 22 of the plaint paper book, it is apparent that the Plaintiff is suing on the basis of the running account. It is well settled law that a summary suit lies on the running account only if balance at the foot thereof is confirmed and settled. In such circumstances and when there is serious dispute about entries therein and the balance therein is not settled, triable issues arise for consideration. 3 In the result, there will be unconditional leave to defend. The suit is transferred to the list of commercial causes with usual direction to file the Written Statement and discovery and inspection. The Summons for Judgment is, accordingly, disposed of. (S.C. Dharmadhikari, J)