1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDEMENT NO. 257 OF 2007 IN SUMMARY SUIT NO. 442 OF 2007 State Bank of India .. Plaintiff versus Aries Express Line .. Defendant ... Mr.Prakash Panjabi for the plaintiff. Mr.K.C. Tamhane i/b M/s.Tamhane & Co. for the defendant. CORAM : D.G. KARNIK, J DATED : 29th April 2009 P.C.: 1. Heard learned counsel for the parties. 2. Apart from the other defences raised in the Summons for Judgement, I am of the prima facie view that the suit does not fall under the category of a 2 summary suit. Suit is not based on a negotiable instrument nor based on any written contract and is not covered in any of the provisions of sub-rule (2) of Rule 1 of Order 37 of the Code of Civil Procedure. 3. Defendant is therefore granted unconditional leave to defend the suit. Suit shall stand transferred to the list of commercial causes. Defendant shall file written statement within 12 weeks. (D.G. KARNIK, J)