: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.124 OF 2006 IN SUMMARY SUIT NO.2363 OF 2003 Raymond Limited ....Plaintiff V/s. H.V. Doshi & Brothers Pvt.Ltd. ....Defendants Mr.Kapadia i/b Rajani Associates for the Plaintiff. Mr.S. Joshi with Mr.R. Mehta for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 27TH MARCH, 2008. P.C. : 1. This is the Plaintiff’s application for a decree on admission for the sum of Rs.2,19,57,580/- with interest. 2. The Plaintiff had taken out a Summons for Judgment in which by an order dated 16.8.2005 unconditional leave to defend was granted to the Defendants. 3. The present Notice of Motion is based on an alleged admission contained in a writing dated 14.3.2001. The said writing was however also a part of the plaint. I will assume, as contended by : 2 : Mr.Kapadia, the learned counsel appearing on behalf of the Plaintiff that the suit was not based on the said account stated/writing. That would make little difference. Various contentions were taken in the Summons for Judgment including that such writings were obtained by the Plaintiff wrongly. That unconditional leave was granted on certain grounds referred to in the matter does not necessarily imply that unconditional leave was not granted in view of the other defences. Once unconditional leave is granted all the defences are open to the Defendants. 4. In the circumstances, the Notice of Motion is dismissed.