abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 456 OF 2007 IN SUMMARY SUIT NO. 210 OF 2007 Eminence Designs Pvt. Ltd. & Ors. .. Plaintiffs V/s English Edition Publishers & Distributors Pvt. Ltd. & Anr. .. Defendants Mr.M.A. Shah i/b Mr.A.G. Shah for the plaintiffs. Mr.G.V. Nagarsheth for defendant nos.1 and 2. CORAM : D.G. KARNIK, J. DATE : 2ND MAY 2009 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. In my view, the defendants have arguable defence for the reasons briefly indicated below. 3. According to the plaintiffs, the orders were placed on defendant no.1 which is a private limited company. The defendant no.2 is its director. Director - 2 - of a private limited company cannot be personally liable for the debts of the company. The defendant no.2 therefore has a reasonable defence. 4. So far as the defendant no.1 is concerned, the defence of limitation is an arguable defence. The bills claimed to be due are dated 25th March 2002, 1st April 2002 and 7th November 2002. The suit has been filed on 15th November 2006, that is after expiry of 3 years. According to the plaintiffs, there were part payments and they extend the period of limitation. There is no material on record presently to show that the part payments are evidenced by a writing which is necessary under section 19 of the Limitation Act. 5. For these reasons, the defendants are granted unconditional leave to defend the suit. The suit is transferred to the list of commercial causes. The defendants shall file their written statement within 8 weeks. 6. The summons for judgment is disposed off. (D.G. KARNIK, J.)