IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal No.346 of 2006 in Summons for Judgment No.728 of 20023 in Sum Suit No.1640 of 2001 Park Securities Limited. ..Appellant vs Lexicon Finance Ltd. ..Respondent Mr Niranjan Lapasiya i/b Niranjan & Co. for the appellant. Mr Thakore i/b T.Jariwala & Associates for the respondent CORAM: KSHITIJ R. VYAS, C.J., & ABHAY S. OKA,J. DATE: JULY 11, 2006. P.C.:- The appellant has challenged the order dated 5th July, 2005 passed by the learned single Judge in Summons for Judgment No.728 of 2002 taken out by the respondent granting to the appellant conditional leave to defend the suit subject to deposit of Rs. 4 lacs and granting liberty to the respondent to apply for withdrawal of that amount so deposited. The learned counsel for the appellant submitted that the claim in the suit is barred by limitation. The plaintiffs are money lenders under the provisions of the Money Lending Act and hence the suit is not maintainable. The learned single Judge in paragraphs 7 and 8 of the impugned order has dealt with the aforesaid contentions. We have gone through the said order and we are in agreement with the reasoning given by the learned single Judge, which cannot be faulted with. Appeal is accordingly dismissed. In view of the disposal of the main appeal, notice of motion does not survive. Hence same stands disposed of. CHIEF JUSTICE ABHAY S. OKA, J.