1 sj334-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.334 of 2008 in Summary Suit No.2506 of 2008 Kantilal Otarmal .. Plaintiff v/s. Bomi Patel & Co. & Others ..Defendants Mr.Tushar Goradia for the Plaintiff. None for the Defendant No.1 Mr. Raj Patel i/b. K.V.Aiyar & Associates for the defendant Nos.2 and 3 CORAM : R.Y.GANOO, J. DATED : 7th December , 2010 P.C. : 1. Heard learned Counsel on both sides. The present suit is filed on the basis of Bill of Exchange dated 30.8.2005 purported to have been executed by partner of M/s. Bomi Patel & Company. Defendant No. 2 is shown as acceptor and defendant No.3 is shown as partner of defendant no.1. The defendant no.2 disputes the signature appearing on the bill of exchange. According to her, said signature is forged. The defendant no.3 has come out with the stand that there is nothing 2 sj334-08.sxw like firm by name M/s. Bomi Patel & Company. According to the defendant, the signature appearing on the bill of exchange may be that of Bomi Patel, but the firm does not exist. 2. Since the existence of the firm M/s. Bomi Patel & Company itself is under challenge, a serious doubt is created about the genuineness of this company. This doubt is confirmed on the stand taken by the defendant no.2 that the signature of defendant no.2 as acceptor is also forged. Looking to the entire transaction, I am inclined to observe that the genuineness of this bill of exchange is itself in doubt. On account of this, defendant nos.2 and 3 have made out a case for unconditional leave to defend. Since the summons for judgment is not directed against the defendant no.1, there is no question of any order against defendant no.1. Hence the following order is passed to dispose of the summons for judgment: ORDER i) The defendant nos.2 and 3 are granted unconditional leave to defend . 3 sj334-08.sxw ii) Defendant nos.2 and 3 to file written statement in the office on or before 31.1.2011. Defendant nos.2 and 3 shall serve copy of written statement upon Advocate for the plaintiff within 10 days from filing the written statement in the office. There shall be no order as to costs. [R.Y.GANOO, J.]