1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 272 OF 2007 IN SUMMARY SUIT NO. 2262 OF 2006 M/s. Bharati Enterprises ...Plaintiff. Vs. Greenfields Rocksend CHS Ltd. ...Defendant. Mr. S.S. Redij for the Plaintiff. Mr. Dipen Furia i/by M/s. Niranjan & Co. for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th November, 2009. P.C.- 1 The plaintiff has taken out the present proceeding under Order 37 Rule 2 of the Code of Civil Procedure (for short, CPC), basically on the ground of non-payment of amount by the defendant for the period from 10th July, 2001 to 25th July, 2001. The basic reliance is placed on the notice issued by Defendant No.1 dated 15/02/2003 and treated the same as an acknowledgment for filing present suit on 30th January, 2006. The said notice dated 15/02/2003 nowhere acknowledge the crystallized liability. Only assurance was given to consider the claim subject to documentation and record. 2 Considering the scope and purpose of order 37 Rule 2 of the CPC, 2 unless the amount is crystallized, the same cannot be treated as acknowledgment or admitted amount as contemplated under the provisions of law of limitation. 3 In view of this, I am of the view that the suit itself is beyond limitation. It is dismissed on this ground alone. 4 The Summons for Judgment is also dismissed accordingly. (ANOOP V. MOHTA, J.)