1 Sj-308-09 in ss-3379-95 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.308 OF 2009 IN SUMMARY SUIT NO.3379 OF 1995 Punjab and Sind Bank ....Plaintiff V/s. Asian Exports & Ors. ....Defendants Mr. K.H.Mody i/b M/s. Haridas & Co. for the Plaintiff None for the Defendants CORAM : R.M. SAVANT, J. DATE : 8TH MARCH, 2011. P.C. :- 1 The Summons for Judgment is directed against the Defendant No.3 for recovery of the suit claim of Rs.2,82,157.09. The order dated 14-1-2011 also records the aforesaid position. In the affidavit in reply, the Defendant No.3 has taken a plea that she has not executed the Deed of Guarantee in favour of the Plaintiff Bank. Though, the Learned Counsel for the Plaintiff Shri Mody states that the signatures of the Defendant No.3 on the documents in question i.e. Deed of Guarantee and affidavit in reply, can be compared and would lead an irresistible conclusion that the same are signed by the same person. In my view, the Affidavit in reply of the Defendant No.3 raises triable issues. Defendant No.3 is, therefore, granted unconditional leave to defend the suit. The suit is transferred to the list of 2 Sj-308-09 in ss-3379-95 commercial cause. The Plaintiff bank to make available to the Defendant No.3 the documents for inspection within two weeks. The Defendant No.3 to file his Written statement within a period of 4 weeks thereafter. 2 The summons for Judgment stands disposed of (R.M.Savant, J.)