IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.308 OF 2008 IN SUMMARY SUIT NO.542 OF 2008 Colour and Resin Technology .... Plaintiff V/s. Uflex Limited .... Defendant Mr.A.S.Dave with Ms.P.Mhatre i/by M/s.Thakore Jariwala Associates, for the plaintiff. Mr.Tushar V. Dahibawkar i/by M/s.Dahibawkar & Co., for the defendant. CORAM : D.G.KARNIK, J. DATED : 02nd APRIL, 2009. P.C. 1. Heard learned counsel for the parties. 2. The plaintiff has filed this suit for recovery of the price of the goods sold, supplied and delivered. On my query whether the plaintiff had placed any written purchase orders, learned counsel for the plaintiff submitted that there were no written purchase orders. On my further query, learned counsel for the plaintiff submitted that there was no written acknowledgment, nor was there a written contract/promise to pay. As such, the suit is not based on a written contract, nor it is based on a negotiable instrument and hence, the suit is not triable as a Summary Suit. 2 2. In view of the above, the summons for judgment is dismissed. The suit shall stand transferred to the Commercial Causes. Defendant shall file written statement within 12 weeks. ( D.G.KARNIK, J. )