1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 132 OF 2009 IN SUIT NO. 313 OF 2009 Mohini Mohan Dhavade. ... Plaintiff. V/s. Elegant Builders & Developers & Ors. ... Defendants. Ms. Yasmin Tavaria for the Plaintiff. Mr. Gaurav Joshi a/w. Y.N. Adhia for Defendants 1,2 and 4. CORAM : S.C. DHARMADHIKARI,J. DATED : 4th DECEMBER 2009. P.C. :- Heard Ms. Tavaria, learned Advocate appearing on behalf of the Plaintiff, Mr. Joshi, learned Advocate appears on behalf of the contesting Defendants 1,2 and 4. Defendant Nos. 3 and 5 are duly served. After having perused the plaint and the annexures thereto, so also the affidavits on record, I am satisfied that the instant Suit is not maintainable as a Summary Suit. Further, the claim is also not prima-facie within limitation. From the nature of the agreement pleaded between parties and the institution of the Suit in the City Civil Court it is clear that the claim does not fall within the ambit of Order XXXVII Rule 2 of the C.P.C. so as to be entertained as a Summary Suit. For all these reasons, unconditional leave to defend. The Suit is transferred to the list of commercial causes with usual directions to file written statement, discovery and inspection. (S.C. DHARMADHIKARI,J.)