1 vks32 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.204 OF 2008 IN SUIT NO.2574 OF 1985 Central Bank of India ....Plaintiff V/s. New Bombay Cloth Agency & ors ....Defendants Mr. V. K. Nair, for the Plaintiff. Mr.V. M. Singh i/b Thakordas & Madgavkar, for Defendant Nos l to 5. . CORAM : S.J. VAZIFDAR, J. DATE : 27 th NOVEMBER, 2009. P.C. :- 1. This Notice of Motion has been taken out by the Defendant seeking a dismissal of the suit on the ground that the Plaintiff had failed to obtain leave under Order II Rule 2 of the Civil Procedure Code. The contention is that no leave Under Order II Rule 2 had been taken in an earlier suit namely Suit No.2506 of 1985 filed by the Plaintiff. According to these Defendants, it is the Plaintiff’s case that the suit Bills of Exchange were drawn and accepted pursuant to a common bill discounting facility. It is also the case of these Defendants that the suit is filed in respect of the amount due under the Bill discounting facility. 2. This submission is not well founded. The suit is filed on three Bill of Exchange. The reference to the bill discounting facility is only to indicate the facility under which the same were drawn and accepted. The 2 plaint read as a whole makes it clear that the suit is not for the amount due at the foot of the account of the Bill discounting facility but in respect of the Bills of Exchange made and accepted under the said facility. This is the position in respect of the earlier suit as well. Thus, each of the suits is in respect of the amounts due under different Bills of Exchange. There was no need, therefore for the Plaintiff to have sought leave under Order II Rule 2 of the CPC in the previous suit. 3. It is pertinent to note that the issues were framed by an order dated 28th February, 2006 and evidence is being recorded on commission. 4. In the circumstances the notice of Motion is dismissed with the finding that the suit is not barred by Order II Rule 2 of CPC. 5. The issue raised in the present Notice of Motion, is issue No. 12.