-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 542 OF 2009 IN NOTICE OF MOTION NO. 1408 OF 2008 IN SUIT NO. 3179 OF 2002 M/s. Smriti Enterprises (Plastics) Pvt. Ltd. ... Appellant versus Rudhabhai Bhimji and others ...Respondents Mr. Virag Tulzapurkar, Senior Advocate, with Mr. Sachin Chandarana and Ms. Priyanka Vegad, instructed by M/s. M.K. Ambalal & Co., for the appellant. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: DECEMBER 03, 2009. P.C. Heard learned counsel for the appellant. None for the respondents. Affidavit of service is taken on record. 2. We are in complete agreement with the view taken by the learned single Judge that this is not a case in which the plaint is required to be rejected under Order VII Rule 11 (a) (d) as triable issues are involved in the suit. Even the question regarding limitation, considering the facts and circumstances of the case, is required to be decided in the suit. It is clarified that all the issues raised by the defendants in the suit are to be decided on its own merits and the -2- observations of the learned single Judge may be treated as tentative in nature. Considering the facts and circumstances of the case, the hearing of the suit is expedited. Appeal is accordingly dismissed. P. B. MAJMUDAR, J. R.V. MORE, J.