*1* sj.176.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.176 OF 2009 IN SUMMARY SUIT NO.438 OF 2009 Danjibhai N. Babaria. ..Plaintiff -Versus- Laxman Bhau Kamble and another. ..Defendants .......... Ramesh Jain, for the Plaintiff. None for the Defendant No.1. R.S.Tripathi, for the Defendant No.2. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 05th October, 2010. P.C. 1 The Plaintiff has produced the original of Exhibit-A. Let the original document be retained and kept in safe custody until further orders of this Court. 2 Having perused the plaint and annexures thereto and the reply, so also, considering a specific plea of the Defendant No.2 that the loan was obtained by the Defendant No.1 and that he was not aware of any transaction between the Plaintiff and the Defendant No.1 and bearing in mind the stand taken in paragraph Nos.7 and 8 of the affidavit in reply, triable issues arise for consideration. The Defendant No.2 who is an ex- municipal employee is present in the Court and states that he was working as Mukadam and that the Plaintiff was also employed with the Municipal Corporation but retired on 01.06.2005. Being unaware of the consequences, the Defendant No.2 earlier borrowed some sums from the *2* sj.176.09 Plaintiff and also repaid the same, however, he is unnecessarily dragged in the litigation. 3 In the circumstances, the Defendant No.2 is granted unconditional leave to defend the suit. Accordingly, the summons for judgment is disposed of with usual direction to file the Written Statement. The suit is transferred to the list of commercial causes. (S.C. Dharmadhikari, J)