{1} sj442-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.442 OF 2009 IN SUMMARY SUIT NO.1957 OF 2009 M/s.Arochem Industries & Ors .. Plaintiffs versus Konkan Synthetics & Chemicals Pvt Ltd .. Defendants Ms.Kirtida Chandarana i/by M.Humaranwala for the plaintiff. Mr.P.P.Prabhu for the defendant. CORAM : S.C.DHARMADHIKARI, J. 13th December 2011. P.C.: . Heard both sides. Perused the plaint and the annexures thereto and all affidavits on record. After hearing both sides, to my mind, triable issues arise with regard to the registration of the plaintiff as a partnership firm and that the name of the person who is affirming the plaint being shown therein as a partner of the plaintiff-firm or not and secondly also when the defendant has already instituted a suit in a Court at Ratnagiri. In the light of the fact that the suit is prior in point of time and that the statements made in the affidavits indicate that the {2} sj442-09.doc plaintiffs would have to prove their claim by leading oral and documentary evidence, this is a fit case where unconditional leave to defend the suit be granted. The suit is transferred to the list of Commercial Causes. Written statement be filed within eight weeks from today. The discovery and inspection to be completed within this period. (S.C.DHARMADHIKARI, J)