*1* sj.504.09.ss.2489.06.1016.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.504 OF 2009 IN SUMMARY SUIT NO.2489 OF 2006 Jagdev Transport Co.Pvt.Ltd.. ..Plaintiff -versus- Balmar Lawrie and Co. Ltd.. ..Defendant ............ Mr.K.H.Giri, for the Plaintiff. Mr.Kunal Damle a/w N.S.Davare i/b Udwadia & Udeshi, for the Defendant. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 14th November, 2011. P.C.: 1 Heard Mr.Giri, learned counsel appearing for the Plaintiff. Perused with his assistance the plaint and annexures thereto, so also, the affidavits on record. From reading thereof, it is apparent that the claim of the Plaintiff is under running account and the amount at the foot of the same is not confirmed or admitted. 2 On the other hand, this is a case where the Defendant has disputed liability by pointing out that the shortage varied from 100 litres to 300 litres in each and every tanker. Therefore, bringing such case of shortage to the notice of the Plaintiff, rest of sums have been forwarded. 3 From reading of the material placed on record, it is apparent that the Plaintiff will have to prove the claim by leading oral and documentary evidence. In such circumstances, unconditional leave to defend is granted. The suit is transferred to the list of commercial causes. *2* sj.504.09.ss.2489.06.1016.sxw The Written Statement be filed within a period of eight weeks from today. Discovery and inspection be completed within this period as well. List the suit for passing further direction after twelve weeks. The Summons for Judgment is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)