IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.710 OF 2004 IN SUMMARY SUIT NO. 850 OF 2004 Shreyas Intermediates Ltd. ..Plaintiffs Vs. Shree Rang Rasayan ..Defendants Mr.V.P.Vaidya for the plaintiffs Mr.KGS Tripathi for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 27TH SEPTEMBER, 2005 DATED : 27TH SEPTEMBER, 2005 DATED : 27TH SEPTEMBER, 2005 P.C.: . The present suit is filed on goods sold and delivered. However, it is the case of the defendants that the said goods are returned and defendants produced delivery challans. The learned counsel for the plaintiffs are disputing the signature on the said delivery challans and contends that no such delivery challans should be believed in absence of Excise Gate Pass. In my opinion, triable issue arises in this case. Therefore, unconditional leave to defend is granted. Summons for Judgment is dismissed accordingly. 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.