*1* sj.522.09.39.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.522 OF 2009 IN SUMMARY SUIT NO.2758 OF 2009 Banshi Metal. ..Plaintiff -Versus- M.A.Metal Corporation and others. ..Defendants .......... Mr.R.A.Shaikh, for the Plaintiff. Mr.Yusuf Iqbal Yusuf a/w Nevile Majra i/b Yusuf & Associates, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 Heard the learned counsel appearing for the Plaintiff and the Defendants. Perused the plaint and annexures thereto. Although it is alleged that the goods were sold, supplied and delivered and the summary suit is based on the written contract evidenced by the purchase order, delivery challans and invoices; on reading of the plaint it appears that there is running account, details of which have been maintained by the Plaintiff in its books. There is serious dispute whether the amount at the foot thereof has been duly confirmed by the Defendants. Although it is stated that the said amount is confirmed in part, in the affidavit in reply it has been stated that the claim is time barred. Further there is suit filed by the Defendants against the Plaintiff in this Court which is pending. It is also contended that the entire case of the Plaintiff is concocted inasmuch as the invoices are forged and fabricated. Even the statements of accounts *2* sj.522.09.39.sxw in the books of Plaintiff and signature at foot thereof is not of the Defendants. The Plaintiff has refuted the allegation of fabrication and forgery. In such circumstances, triable issues arise for consideration in this suit. 2 Therefore, 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)