IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 40 OF 2006 NO. 40 OF 2006 NO. 40 OF 2006 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO. 26 OF 2005 FOR JUDGMENT NO. 26 OF 2005 FOR JUDGMENT NO. 26 OF 2005 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3257 OF 2004 SUIT NO. 3257 OF 2004 SUIT NO. 3257 OF 2004 Inductotherm (India) Pvt. Ltd. ] .. Appellant (Ori. Pltff.) Versus Isibars Ltd. ] .. Respondent (Ori.Defdt.) Mr. M.S. Bhandari i/b Ms. K.V. Prabhu for the appellants. CORAM: R.M. LODHA & ANOOP V. MOHTA, JJ. DATED: 03RD FEBRUARY, 2006 P.C. : . Heard Mr. Bhandari, the learned counsel for the appellants. 2. There appears to be serious dispute about the supply of the furnace and its installation by the plaintiffs in accordance with the terms and conditions of the contract. In view thereof, if the learned trial Judge found that triable issues have been raised by the defendant in opposition to the Summons for Judgment, the : 2 : said finding cannot be faulted. 3. Appeal does not deserve to be admitted. Dismissed in limine. 4. Liberty to the plaintiffs to apply to the trial Judge for expeditious hearing of the suit. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.] [srpasha@hc]