1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 1276 OF 2001 IN SUMMARY SUIT NO. 3564 OF 2001 Pramod Atmaram Patel. ... Plaintiff. V/s. Vishal Refrigeration and Appliances & Ors. ... Defendants. Ms. P. Mhatre i/b. M/s. Thakore Jariwala for the Plaintiff. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 21st JUNE 2010. P.C. :- None for the Defendants. The Defendants have remained absent at the stage of hearing of Summons for Judgment though served. Heard learned Advocate for the Plaintiff. According to the learned Advocate for the Plaintiff, the Defendants paid to the Plaintiff Rs.1.00 lakh on 24th February 1988. Said sum was mentioned at para 4 of the plaint. The plaint is filed on 8th September 2001. According to the Plaintiff, between 24th February 1988 and 8th September 2001, there was a letter of confirmation purported to be issued by partner of Defendant No.1 stating that a debit 2 balance stood in the books of Defendant No.1. Said confirmation letter is issued by Defendant No.1 for income tax purposes. It is dated 14th July 2010. According to the learned Advocate for the Plaintiff, similar letters were executed by the parter of Defendant No.1 prior to 14th July 2001. She submits that these confirmation letters will have to be treated as admission of liability on behalf of Defendant No.1. 2. After having considered the text of letter dated Exhibit A dated 14th July 2001, which is letter confirming the balance in the books of Defendant No.1, I am inclined to hold that this letter was issued by Defendant No.1 only for the purposes of income tax and this letter dated 14th July 2001 or a similar letter prior to this letter dated 14th July 2001 cannot be equated with the documents admitting the liability by Defendant No.1. Hence, the Defendants are required to be granted un-conditional leave to defend as the Suit is prima- facie beyond the period of limitation. 3. Hence, following order is passed to dispose of the Summons for Judgment :- 3 (i) Unconditional leave is granted to defend the Suit. (ii) Adjourned to 23rd August 2010 for filing Written Statement. (iii) The Plaintiff to inform this order to the Defendants by letter by R.P.A.D. (iv) The Summons for Judgment is disposed of in the above terms with no order as to costs. (R.Y. GANOO, J.)