mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 459 OF 2007 IN SUMMARY SUIT NO.2223 OF 2007 Smt.Pratima Kakad .. Plaintiff versus Shri Bharat Kothari .. Defendant ... Mr.K.N. Kandekar for the plaintiff. Mr.Tushar Bhavsar i/b Manoj Bhatt for the defendant. CORAM : D.G. KARNIK, J DATED : 15th July 2009 P.C:- 1. Heard both sides. 2. The defendant has raised contention that the suit is barred by limitation. Prima facie suit is filed long after the expiry of period of three years. In the circumstances, the issue regarding limitation gives rise to a triable issue. Defendant is granted unconditional leave to defend the suit. Defendant shall file written statement within eight weeks. Suit shall stand transferred to the list of commercial causes. (D.G. KARNIK, J)