1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.19 OF 2010 IN SUMMONS FOR JUDGMENT NO.448 OF 2007 IN SUMMARY SUIT NO.2053 OF 2007 M/s.Shree Ranisati Distributors Pvt.Ltd. ...Appellant Vs. Ramashankar Premshankar Wahie. ...Respondent. --- Mr.Y.R.Shah, for Appellant. Mr.H.R.Pawar, for Respondent. CORAM: D.K.DESHMUKH & R.V.MORE,JJ. DATED: 3rd May, 2010 P.C.: 1. Admit. Heard finally by consent of parties. 2. By this appeal, the appellant-defendant challenges the order dated 30.7.2009 passed in Summons for judgment no.448 of 2007. The plaintiff 2 has filed summary suit claiming decree in the amount of Rs.20,96,750/-. This amount represents the amounts of four cheques which, according to the plaintiff, was issued by the defendant. On presenting to the Bank, the cheques were dishonoured. The learned Single Judge has found that the claim of the plaintiff in so far as the amount of three cheques is concerned, appears to be barred by law of limitation, but that cannot be said in relation to the amount of fourth cheque. The case of the defendant is that if the learned Single Judge found that a part of the claim of the plaintiff is barred by limitation then unconditional leave to defend should have been granted. 3. We have heard the learned Counsel appearing for plaintiff. The plaintiff has chosen to file one suit for claiming the amount for which four cheques were given. If a part of the claim made by the plaintiff appears to the learned Single Judge to be barred by the Law of limitation, in our opinion, he learned Single Judge should have granted 3 unconditional leave to defend the suit, because part of the claim which appears to be barred by law of limitation constitutes bulk of the claim. In our opinion, therefore, the following order would meet the ends of justice:- The order dated 30.7.2009 passed in Summons for judgment no.448 of 2007 is set aside. Unconditional leave to defend the suit is granted to the defendant. Summons for judgment is disposed of. The defendant to file written statement within a period of eight weeks from today. Appeal is disposed of. In view of the aforesaid order, Notice of Motion no.1294 of 2010 does not survive for consideration. It is disposed of. (D.K.DESHMUKH,J.) (R.V.MORE,J.)