IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMONS SUMMONS SUMMONS FOR JUDGMENT FOR JUDGMENT FOR JUDGMENT NO. 430 OF 2003 NO. 430 OF 2003 NO. 430 OF 2003 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3358 OF 2002 SUIT NO. 3358 OF 2002 SUIT NO. 3358 OF 2002 Kosha Sanjiv Shah and another. ... Plaintiffs. V/s. Mitesh Shankerlal Shah ... Defendant. Ms.Kavita Shah i/b. A.G.Shah for the plaintiffs. D.H.Mehta i/b. N.M.Shah for the defendant. CORAM CORAM CORAM : D.G. KARNIK, J. : D.G. KARNIK, J. : D.G. KARNIK, J. DATED DATED DATED : 22nd February, 2005. : 22nd February, 2005. : 22nd February, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Learned counsel for the parties state that the facts in this case are similar to several other suits wherein unconditional leave has been granted to the defendants to defend the suit. The case numbers have been mentioned in the affidavit-in-reply. I am also satisfied that the defence raised by the defendant in this case is not fictitious, illusory or sham. It requires trial. Hence defendant is granted unconditional leave to defend the suit. The suit shall transferred to the commercial causes. Defendant to file written statement within a period of one month. *****