1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 477 OF 2007 IN SUMMARY SUIT NO. 1315 OF 2007 Haresh M. Chhabria .. Plaintiff V/s Ravindra V. Kanakia @ Kaka & Anr. .. Defendants Mr.Chandrakant N. Chavan for the plaintiff. Mr.Rahul Kate for defendant no.1 Mr. R.D. Suryavanshi for defendant no.2. CORAM : D.G. KARNIK, J. DATE : 9TH JUNE 2009 P.C. : 1. Heard both sides. 2. Arguable case is made out by the defendants. The defence of the defendants cannot be said to be a moonshine defence. Furthermore, there is no written contract between the plaintiff and the defendants and therefore, 2 prima facie, the suit does not fall under Order 37 of the Code of Civil Procedure. 3. In the circumstances, the defendants are granted unconditional leave to defend the suit. The defendants shall file their written statement within 8 weeks. On such written statement being filed, the suit shall stand transferred to the list of commercial causes. 4. Summons for judgment is disposed of. (D.G. KARNIK, J.)