1 5.sj-92-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 92 OF 2010 IN SUMMARY SUIT NO. 2773 OF 2009. Ramchandra P. Suthar. ..Plaintiff. vs. Mangilal T. Jogani. ..Defendant. .... Ms. Nisha Parmar, for Plaintiff. Ms. Tamhane, i/b. R.D. Suvarna, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 29TH APRIL 2011. P.C. : By an order dated 22nd March 2011, the undertaking of the Defendant namely that he shall pay a sum of Rs.4,00,000/- to the Plaintiff on or before 28th April 2011 was accepted. However, there is a delay of one day in making the said payment. The delay is condoned and the said payment is accepted. 2. In view thereof, the Plaintiff shall not have any claim against the Defendant as regards the subject matter of the present Suit. The Suit as as well as the Summons for Judgment stands disposed of. However, it is clarified that if the cheque issued by the Defendant in the sum of Rs.1,00,000/- to the Plaintiff is dishonoured for any reason whatsoever, the Suit shall forthwith stand revived and decreed as prayed. The undertaking of the Defendant recorded in clause (d) of the order dated 22nd March 2011 shall also be binding on him. [ S.J. KATHAWALLA, J. ]