1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.9 of 2009 IN Summary suit No.12 of 2008 Kesharimal Champalalji Kothari .. .. Plaintiff v/s. Liladevi D. Hiran & anr. .. .. Defendants Mr.Ramesh Jain for Plff. Mr.P.N. Kulkarni for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. This Suit is filed upon the Bill of Exchange dated 7.12.2004 for Rs.2 Lakhs signed by Defendant No.1 and accepted by Defendant No.2. The part payment received upon the Bill of Exchange has been credited. Interest on the Bill of Exchange is claimed at the statutory rate from the date of dishonour of the Bill of Exchange upon presentation. The legal notice has not been replied. 2. The defence made out in Para- 12 of the Affidavit- in-reply shows the close relationship between the parties. The Defendant claims that the Plaintiff was working in the jewelery shop and writing its accounts. The Plaintiff is to get documents for the signatures of the documents for income 2 tax purpose. The Bill of Exchange is one such document. The Bill of Exchange cannot be accepted at all. No business man would sign the Bill of Exchange as the suit Bill of Exchange is signed as drawer and the acceptor for the purpose of income tax liability. The part payment made is stated to be the amount of loan granted by the Defendant to the Plaintiff raised from other persons for evidencing that loan amount is paid by the Defendant to the Plaintiff. No document in that regard is shown. Hence that defence cannot also be accepted. The part payments made show the admission of liability. 3. Upon the Defendants depositing Rs.2 Lakhs within 8 weeks, the Defendants shall have leave to defend the Suit. If the amount is deposited, the Defendants shall file their Written Statement within 30 days. (SMT.ROSHAN DALVI, J.)