1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 351 OF 2008 IN CHAMBER SUMMONS NO.922 OF 2008 IN SUIT NO.3011 OF 2000 Minal Paresh Shah. ...Appellant. Vs. L.J.D silva and 5-ors. ...Respondents. Ms. S.V.Thakkar and Mr.Rajan V.Thakkar for the Appellant. Mr.S.A. Khan for the Respondent Nos. 1 and 5. CORAM : D.K.DESHMUKH & R.S.MOHITE, JJ. DATE : 9TH JUNE, 2009 P.C. 1. It is clear that the suit is not entirely based on the award, neither the suit is for enforcing the award. The award is being relied on as a piece of evidence to establish that the defendants have admitted that the loan was taken. We do not want to enter into the controversy whether the award can 2 be relied on, in defence. In our opinion, even if, the award cannot be relied on, the plaintiffs would be entitled to lead evidence to prove the facts pleaded. If they fails to prove the facts, the suit would fail and if they succeed they may get decree. In our opinion, it cannot be said that the plaint does not disclose cause of action. We find no substance in the appeal. Hence, appeal dismissed. (D.K.DESHMUKH, J.) (R.S.MOHITE, J.)