*1* sj.432.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.432 OF 2009 IN SUMMARY SUIT NO.2228 OF 2009 Pankaj V. Shah. ..Plaintiff -Versus- M/s M.K.Poladia and others. ..Defendants .......... M.M.Kenia i/b Legal Spectrum, for the Plaintiff. R.K.Agarwal, for the Defendant Nos.1 to 3. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th November, 2010. P.C. 1 This suit is filed seeking to recover the monies or demand promissory note dated 10.04.2007, copy of which is annexed at Exhibit-A to the plaint. It is stated to be issued by the Defendants. It is stated that the Defendant No.1 is a partnership firm and the Defendant Nos.2 and 3 are partners of the firm. The circumstances in which the note came to be executed are set out in the plaint and it is stated that the monies were demanded but the Defendants pleaded financial difficulties. Now sum of Rs.2,58,000/- with interest is due and payable. 2 It is stated that the demand promissory note is not signed by the Defendant No.2 and it is stated to be signed by the Defendant No.3. However, on affidavit the Defendant No.3 has stated that he has retired from the firm w.e.f. 01.04.2001 and the transaction and the demand promissory note are of the year 2007. He has stated that at the relevant time he was not partner of the firm. The affidavits are filed by the *2* sj.432.09 Defendant No.3 as also by the Defendant No.2. Both rely upon the extract of the Registrar of Firms stating that the Defendant No.3 has retired from the firm. In such circumstances, the submission that the Defendant No.3 has accepted the service of writ of summons on behalf of the firm and has signed the acknowledgment in that manner; cannot be of any assistance and particularly in the teeth of the extract from the Registrar of Firms. All these raise a triable issue. 3 In such circumstances, the Defendants are granted unconditional leave to defend the suit. The suit is transferred to the list of commercial causes. The Summons for Judgment is disposed of with usual direction to file the Written Statement. (S.C. Dharmadhikari, J)