1 sj395-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.395 OF 2009 IN SUMMARY SUIT NO.2157 OF 2009 Rajesh Asalraj Jain .. Plaintiff Vs. M/s.Chanranil Dychem Corporation and Anr. .. Defendants Ms.Neeta Solanki i/b M/s.Kiran Jain and Co. for the plaintiff Mr.Pankaj Shah for the defendants CORAM : S.C.Dharmadhikari, J. DATE : November 30, 2010 P.C. : 1. Heard the learned counsel for the plaintiff and the defendants. Perused with their assistance, the plaint, annexures thereto, affidavit in reply and rejoinder together with their annexures. 2. The suit is filed to recover a sum on a written contract as evidenced by the delivery challan and invoice bearing no.80 dt.7.8.06 for Rs.1,27,254/-. Although the plaintiff would urge that the suit claim arises out of such a written contract and not at the foot of a running account, defence of the defendants is that the plaintiff has picked up this bill alone and filed a summary suit. 2 sj395-09 There have been continuous dealings as reflected in the books of accounts maintained by the defendants and particularly the ledger account of the plaintiff in its books. These will show that even with regard to the subject invoice, payments have been made in part but the defendants state that the plaintiff has not accounted for it. 3. In rejoinder, the plea of the plaintiff is that the invoice amount is Rs. 1,27,254/- The claim in the suit is Rs.1,01,244/- and due credit is given for part payment of Rs.26,009/-. However, it is clear from the pleas raised in para 5 and 6 of the rejoinder affidavit that the suit claim arises out of running account otherwise there was no occassion for the plaintiff to produce some extract thereof. Reference is also to the earlier and later bills. 4. In these circumstances, triable issues arise and the plaintiff is not entitled to a judgment forthwith. For these reasons, there will be unconditional leave to defend. Suit is transferred to the list of commercial causes. Usual directions to file written statement, discovery and inspection. Summons for Judgment is disposed off in these terms. ( S.C.Dharmadhikari, J. )