1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.503 OF 2004 IN IN IN SUMM.SUIT NO.1237 OF SUMM.SUIT NO.1237 OF SUMM.SUIT NO.1237 OF 2004 Exclusive Roadways Co P.Ltd .. Plaintiff versus Kerala Roadways Limited .. Defendant ... Mr.Sanjeev Ahuja for Plaintiff. Mr. O.A.Das for Defendant. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 23rd March 2005. DATED : 23rd March 2005. DATED : 23rd March 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the parties. Defence raised by the defendant that notice under section 10 of the Carriers Act has not been issued prior to the institution of the suit raises a triable issue. The defences raised by the defendant cannot be said to be illusory or sham. Hence, the defendant is granted unconditional leave to defend the suit. Suit shall 2 stand transferred to the list of commercial causes. The defendant to file written statement within four weeks. D.G.KARNIK, J