1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENTNO.297 OF 2007 IN SUMMARY SUIT NO.1250 of 2007 Navnath Palande .. Plaintiff versus Malabar Hill Citizen Rorum & ors .. Defendants ... Mr.Karl Tamboly i/b Harish Joshi & Co. for the plaintiff. Mr.Virag Tulzapurkar Sr. Counsel i/b M/s.Sanjay Udeshi & Co. for defendant nos.1 to 9 and 11. CORAM : D.G. KARNIK, J DATED :24 th June 2009 P.C:- 1. Heard learned counsel for the parties. 2. In my view, defence raised by the defendant cannot be said to be illusory or moonshine. Prima facie, the issue regarding limitation gives rise to a triable issue. Further more, the personal decree is claimed against defendant nos.2 to 13. The question whether they are personally liable also gives rise to a triable issue. In view of this, it is not 2 necessary to refer to other contentions of the defendant in the affidavit in reply. 3. Defendant is granted unconditional leave to defend the suit. Suit shall stand transferred to the list of commercial causes. Defendant shall file written statement within 10 weeks. (D.G. KARNIK, J)