1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.288 OF 2008 IN SUMMARY SUIT NO. 338 OF 2006 M/s Magic Electricals ...Plaintiffs. Vs. Gyan Sales (India). ...Defendants. Gyaneshwar Shukla, Proprietor ---- Mr. H.R. Shetty, for the Plaintiffs. Mr. R.R. Arolkar, for the Defendants. ---- CORAM: R.Y. GANOO, J. DATED : 31st MARCH, 2010 P.C. 1. Heard learned Advocates on both sides. 2. This suit is filed for recovery of about rupees eight lacs under 19 invoices ranging from dated 22.5.2001 to 28.10.2003. The present suit has been filed on 15.1.2007. This would clearly show that the suit is filed beyond the period of limitation. I say so because there are no specific averments as to when the goods under various invoices were delivered to the Defendants. Across the bar it was sought to be contended that certain moneys have been paid towards part payments of the invoices. I could not see specific averments in the plaint as regards part payments. 2 2. Having considered the entire record with reference to the suit, I am inclined to observe that the Defendants have made out the case to have unconditional leave to defend the suit. Hence, I pass the following order disposing of the Summons for Judgment: ORDER Unconditional leave is granted to the Defendants to defend the suit. Defendants to file the written statement directly in the Court on 9th June, 2010. Suit stands over to 9th June, 2010. (R.Y. GANOO, J.)