1 srk app-L-11-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.11 OF 2011 IN SUMMONS FOR JUDGMENT NO.267 OF 2008 IN SUMMARY SUIT NO.1627 OF 2008 Apparel Export Promotion Council ... Appellant Versus Structured Clothing Co.Pvt.Ltd. ... Respondent Ms. K.P. Reshma Ravi for the appellant. Mr. Vishal Kanade with Mr. U. Kazi i/by M/s. Negandhi, Shah & Himaytullah for respondent. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Wednesday, February 02, 2011 P .C. This appeal is directed against the order passed by the learned trial Judge granting unconditional leave to defend in Summary Suit No.1627 of 2008. 2. Since as per the settled legal position, such an order is not a decree within the meaning of section 2(2) of the Code of Civil Procedure or a judgment within the meaning of clause 15 of the Letters Patent, the appeal is not maintainable. Appeal is, accordingly, dismissed as not maintainable. 3. It is open to the plaintiff to request the learned trial Judge to hear the suit expeditiously. CHIEF JUSTICE S.J. VAZIFDAR, J.