1 sj427-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.427 OF 2010 IN SUMMARY SUIT NO.2266 OF 2010 WITH SUMMARY SUIT NO.2266 OF 2010 M/s.Blend Financial Services Ltd. ....Plaintiff V/s. M/s.Corporate Media Men Advertising Pvt. Ltd. ....Defendant Mr.K.T. Kukreja with Mr.Mukesh B. Bhagat for the Plaintiff. Mr.Sachin Kadam with Ms.Yogini D. Ghawale for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 30TH NOVEMBER, 2011. P.C. :- 1. The suit is based on a dishonoured cheque. The plaintiff had lent and advanced a sum of Rs.75.00 lacs to the defendant. The defendant repaid a sum of Rs.15.00 lacs towards the amount and Rs. 10.00 lacs towards the interest leaving the balance of Rs.50.00 lacs. The cheque which was issued in the sum of Rs.50.00 lacs was dishonoured. 2. Two defences have been raised. Firstly it is submitted that the suit is not maintainable on the basis of the dishonoured cheque. 2 sj427-10 Reliance placed upon a judgment of the Rajasthan High Court in the case of Lalchand Jain v. Smt.Gheesi, A.I.R. 1999 Rajasthan, 69, is misplaced. The present suit is based not on the plaintiff’s cheque to the defendant but on the defendant’s cheque to the plaintiff, which was dishonoured. 3. It was then submitted that the cheque was only given as a security. It is difficult to understand this argument. The defendants’ case is that the plaintiff was supposed to raise funds for it and that the dishonoured cheque was given as a security. Even if the plaintiff was to raise further funds for the defendant, the fact remains that the defendant did not return the amount of Rs.50.00 lacs which was admittedly advanced by the plaintiff to the defendant. Thus in any event, the plaintiff is entitled to the said amount. 4. There is no defence to the suit. There is nothing on record that militates against the averments and submissions in the plaint. 5. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.