=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.879 NO.879 NO.879 OF 2002 OF 2002 OF 2002 IN IN IN SUMMONS SUMMONS SUMMONS FOR FOR FOR JUDGMENT NO.862 OF 2000 JUDGMENT NO.862 OF 2000 JUDGMENT NO.862 OF 2000 IN IN IN SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.374 OF 2000 NO.374 OF 2000 NO.374 OF 2000 M/s Shree Venkatesh Chemi Colour Co. and others ...Appellants v/s Raj Kumar Menghraj Nagpal ...Respondent Ms K.R. Brid for Appellants. None for Respondent. CORAM CORAM CORAM : : : D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 5TH JANUARY 2009 5TH JANUARY 2009 5TH JANUARY 2009 =2= P.C.- 1. By this appeal, the appellants take exception to the order dated 22nd July 2002 passed by the learned Single Judge in summons for judgment No.862 of 2000 by which the learned Single Judge has granted conditional leave to defend the suit to the present appellants, who were original defendant No.2. Admittedly, the defendant No.2 is a partnership firm and acceptors of the bill of exchange and defendant No.1 is a company. The learned counsel appearing for appellants submits that because reference by defendant No.1 was registered with the Board of Industrial and Financial Reconstruction, proceedings could not be continued against the present appellants. Perusal of the order impugned shows that that contention was nowhere urged before the learned Single Judge. The only substantial contention urged before the learned Single Judge was because the bill of exchange was drawn in favour of Pokhardas Menghraj, the suit could not have been filed by Rajkumar Menghraj Nagpal. The learned Single Judge has considered that and held that Rajkumar Menghraj Nagpal was carrying on business in the name of firm Pokhardas. We find no substance in the appeal. Appeal stands dismissed with no order as to costs. =3= . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)