KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4905 OF 2007 IN SUMMARY SUIT NO.2396 OF 2007 Freight Lines (India) Pvt. Ltd., ..Plaintiffs Vs. Ankush Tiwari ..Defendant ---- Ms.Neha Bhide for the defendant. None for the plaintiffs. ---- CORAM : R.S.MOHITE, J DATE : 3/8/2010 P. C.: 1 This is a Notice of Motion taken out for dismissal of the plaintiffs’ suit which has been filed against one Ankush Tiwari in his capacity as proprietor H. Daya International. Affidavit in support of the Notice of Motion is affirmed by one B.M.Rao who claims to be an authorised signatory of a partnership firm by name H. Daya International. It is contended that summons to answer the plaint is served upon the partnership firm. The question as to KJ 2 whether Ankush Tiwari is a proprietor of H. Daya International is a matter of evidence. If a decree is passed in the suit it will obviously not be binding on the partnership firm or on its partners. In view of this, it is not necessary to entertain the Notice of Motion. Notice of Motion is therefore, dismissed and stands disposed off. (R.S.MOHITE,J.)