: 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 JUDGEMENT NO.280 OF 2007 SUMMONS FOR JUDGEMENT NO.280 OF 2007 SUMMONS FOR JUDGEMENT NO.280 OF 2007 IN IN IN SUMMARY SUIT NO.681 OF 2006 SUMMARY SUIT NO.681 OF 2006 SUMMARY SUIT NO.681 OF 2006 Lalitaben Babulal Parikh .. Plaintiff. Versus Ashok Shantichand Jhaveri .. Defendant. Mr.P.N.Gangwani i/b.M/s.Mayur Narendra & Co. for the plaintiff. Mr.M.L.Palan i/b.Ms.J.P.Thakkar for defendant. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 20th November, 2008. DATE : 20th November, 2008. DATE : 20th November, 2008. P.C. :- P.C. :- P.C. :- 1. Perused the 2 documents on the basis of which this suit has been filed. The 2 documents will have to be styled as an acknowledgement in writing on the basis of which the summary suit is not maintainable. : 2 : 2. Learned Advocate for the plaintiff alternatively submitted that the 2 documents can be considered as an agreement in writing. Even if that is accepted, the said agreement in writing is not scribed on a paper which is properly stamped. If this be so, the institution of the summary suit is not proper and that defendant will have to be given unconditional leave to defend. 3. Learned Advocate for the plaintiff submitted that plaintiff is a senior citizen and hence the suit be expedited. Request is fair. Hence the order :- O R D E R O R D E R O R D E R i) Unconditional leave to defend the suit is granted as summary suit is not maintainable. ii) Defendant to file written statement directly in the court on 16.12.2008. Suit stands expedited. Adj. to 16.12.2008 for W.S. 4. Summons for judgement stands disposed off in the above terms. : 3 : (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)