((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.501 OF 2004 IN SUMMARY SUIT NO.1284 OF 2004 M/s.Mahavir Engineering Company Plaintiff versus M/s.M.K.Kotecha Defendant C.D.Patel i/by Uma Fadia, adv. for plaintiff. O.S.Kutty i/by H.Mehta & Co; adv. for defendant CORAM : S.C.DHARMADHIKARI, JJ. DATE : 18th February 2005 PC : 1. Heard Mr.Patel for plaintiffs and Mr.Kutty appearing for defendants. The claim in the suit is for recovery of Rs.5.00 lakh being the balance amount under the invoices. The machinery supplied by the plaintiffs to the defendants although received at site and substantial payment was made, subsequently, it is the case of the defendants that the length of the goods supplied was short by 1.86 meters. They have pointed out in the affidavit in reply that a suit has been filed in the Court of Civil Judge, Senior ((-2-)) Division, Jalgaon being Special Civil Suit No.152 of 2003 for recovery of a sum of Rs.7.06 lakh together with interest. This claim arises out of the same transaction. In my view, triable issues are involved and in the light of pendency of the civil suit in the Court at Jalgaon, this is a fit case where unconditional leave should be granted. The suit is, therefore, transferred to the list of commercial cases. Usual directions for written statement, discovery, inspection. (S.C.DHARMADHIKARI, J.)