1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.16 OF 2009 IN SUMMONS FOR JUDGMENT NO.762 OF 2004 IN SUMMARY SUIT NO.1138 OF 2004 AND NOTICE OF MOTION NO.471 OF 2009 IN APPEAL NO.16 OF 2009 1.M/s.Vega Securities Finance & Anr. ...Appellants vs. 1.Naman Securities & Finance Pvt.Ltd and another. ...Respondents. --- Mr.Gautam Mehta i/b. M/s.Shah & Sanghavi, for Appellants. Ms.Priti Shah, for Respondent no.1. --- CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 5th May, 2009. P.C.:- 1. Heard the learned Counsel appearing for 2 appellants. The suit of the plaintiff was based on the confirmation of the account signed by the defendant no.3 who admittedly is a partner of defendant no.1. In the first affidavit filed, the appellants admitted that the statement of account was signed by defendant no.3. The defendant no.3 is admittedly, a partner of defendant no.1 firm of which defendant no.2 is also a partner. Once defendant no.3 has signed the confirmation of the accounts, it will bind defendant no.1. The affidavit subsequently filed by defendant no.2 denying that the statement of account was signed by defendant no.3 is meaningless because it is afterthought and that defence is taken only to avoid the decree being passed. In our opinion, there is no room to interfere with the order impugned. The appeal is rejected. Notice of motion no.471 of 2009 is also disposed of. (D.K.DESHMUKH, J.) (R.S.MOHITE,J.)