1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.348 OF 2009 IN SUIT NO. 1981 OF 2009 Garware Offshore Services Limited. ... Plaintiff. V/s. Mr. Ravindra Punwani. ... Defendant. Dr. Birendra Saraf i/b. Desai & Diwanji for the Plaintiffs. Mr. Vivek Khemka a/w. Dipesh Siroya for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 4th DECEMBER 2009. P.C. :- Heard Mr. Saraf, learned Counsel appearing on behalf of the Plaintiff. Despite his persuasive ability, I am unable to agree that the instant Suit is maintainable as a Summary Suit against the Defendant – ex-employee, who is stated to have resigned from the services of the Plaintiff without making payment of the sum of wages/salaries for notice period. On the own showing of the Plaintiff, there are reasons which would make this claim not maintainable under Order XXXVII of the C.P.C. The events preceding the resignation and the letter accepting it are enough to grant unconditional leave to defend. The Suit is transferred to the list of commercial causes with usual directions to file written statements, discovery and inspection. (S.C. DHARMADHIKARI,J.)