1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 154 OF 2008 IN SUMMARY SUIT NO. 543 OF 2008 Ashok K. Mittal .. Plaintiff versus Jagdish Ishwarlal Parekh .. Defendant ... Mr.Navin Parekh with Mr.J.B. Patel for the plaintiff. None for the defendant. CORAM : D.G. KARNIK, J DATED : 30th March 2009 P.C.: 1. Heard learned counsel for the plaintiff. None present for the defendant. 2. Perused the reply filed by the defendant. The defendant inter alia has raised an issue of limitation. The loan in question was in September 2 1997. The deed of guarantee was executed by the defendant on 25th September 1997. The deed of guarantee states that the liability of the defendant is that of a principal debtor. In other words, the liability of the defendant was as if he was a principal debtor. The suit against the original principal debtor has become time barred. Therefore whether the suit has also become time barred against the defendant surety whose liability is that of a principal debtor is an issue which requires consideration. Hence, defendant is granted unconditional leave to defend the suit. 3. The defendant shall file written statement within eight weeks. In the event the defendant fails to file written statement within eight weeks the plaintiff shall have liberty to apply. (D.G. KARNIK, J)