IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.55 OF 2005 IN SUMMARY SUIT NO.3202 OF 2004 Mangal Keshav Securiies Ltd. ...Plaintiffs Versus M/s. United India Insurance Co. Ltd. & Anr. ...Defendants Mr. P.V.Bhagat i/b. Vasant & Co. for the Plaintiffs. Mr. A.M.Vernekar a/w Singh i/b. Narichania & Narichania for Defendant No.1. CORAM CORAM CORAM: S.U.KAMDAR,J. S.U.KAMDAR,J. S.U.KAMDAR,J. DATE DATE DATE : 11th October,2005. 11th October,2005. 11th October,2005. P.C. P.C. P.C. 1. The present suit is filed for recovery of the amount under an Insurance Policy. The Policy has been initially taken by the Stock Exchange. The brokers supposed to be the beneficiaries. In that view of the matter, the suit is not maintainable under Order XXXVII Rule 2 of the C.P.C. The claim, if any, can be maintained only by the Stock Exchange. Secondly, whether in case of insurance the liability has been crystalised or not or liquidated sum or not is required to be ascertained. In that view of the matter, the Summons for Judgment is dismissed. 2. Unconditonal leave to defend the suit is granted to the defendants. Suit transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within four weeks from today. Affidavits and list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking Commercial Causes. --- (S.U.KAMDAR (S.U.KAMDAR (S.U.KAMDAR,J.)