1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 395 OF 2008 IN SUMMARY SUIT NO. 2042 OF 2008 Punjab National Bank. ... ... ... Plaintiff. Versus Satish E. Shirsat & others. ... ... ... Defendants Ms. Sabina Mukadam i/by Mr. Pankaj Vijayan for the Plaintiff. Mr. H. T. Pawar for Defendant No.1. CORAM : A. A. SAYED, JJ. DATED : 21ST NOVEMBER,2009. P. C.: This is a usual bank suit and the above summons for judgment has been taken out by the plaintiff praying for a decree in the suit against the defendants. Defendant No.1 has filed an affidavit in reply and inter alia pointed out that the suit is barred by the law of limitation. 2. The loan transaction is of 18th August, 2000. The plaintiff has relied upon the Balance Confirmation of the loan by the defendant No.1 dated 15th June, 2 2005. The plaint has been lodged on 17th June, 2008. It, therefore, prima facie appears that the suit has been filed beyond the period of three years. In the circumstances, the defendants have raised triable issues and are, therefore, entitled to unconditional leave to defend the suit. 3. For the reasons aforementioned, the defendants are granted unconditional leave to defend the suit. Suit to stand transferred to the list of commercial causes. 4. Written statement to be filed within 30 days from today. Affidavit of documents within six weeks thereafter. Discovery and inspection within six weeks thereafter. 5. Summons for Judgment is dismissed. Sd/- (A. A. SAYED, J.)