1 sj146-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.146 OF 2011 IN SUMMARY SUIT NO.335 OF 2011 M/s.Suyog Agro & Poultry Products Pvt. Ltd. ....Plaintiff V/s. Kishore V. Miskin ....Defendant Mr.S.R. Saudagar for the Plaintiff. Mr.Tushar Goradia for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 8TH AUGUST, 2011. P.C. :- 1. This is a suit based inter-alia on four dishonoured cheques aggregating to Rs.32,00,000/-. 2. I will assume that there was an intention between the parties to enter into a joint venture agreement. Admittedly, however, the same did not fructify. Admittedly again the plaintiff had advanced a sum of Rs.60,00,000/- to the defendant personally. The defendant repaid an amount of Rs.28,00,000/-. 3. The defendant contends that he is not bound to repay the balance principal sum of Rs.32,00,000/- with interest thereon. According to him, he invested his time in developing the joint venture 2 sj146-11 which was entered into. 4. It is pertinent to note that by a letter dated 19.3.2008, the defendant forwarded a cheque in the sum of Rs.9,00,000/- and requested the plaintiff not to deposit it till 23.3.2008. The defendant stated that he would confirm when the cheque ought to be deposited. By a further letter dated 19.5.2008, the defendant stated that due to financial difficulties, the cheque would not be honoured. It is also pertinent to note that he stated that the cheque was issued as a part payment of a loan of Rs.55,00,000/-. The defendant requested the plaintiff for a further loan of Rs.5,00,000/- and stated that he would clear the dues by the end of July, 2008. The defendant forwarded two cheques, each in the sum of Rs.9,00,000/- and stated that the earlier cheque of Rs.5,00,000/- may be deposited on 31.7.2008. 5. Four cheques aggregating to Rs.28,00,000/- dated 22.11.2006, 23.3.2007, 23.9.2003 and 27.9.2005 were honoured. Thereafter none of the cheques were honoured. 6. The defendant during the course of the correspondence only pleaded financial difficulties, as a reason for being unable to repay the entire amount. The present defence is clearly an afterthought. There is no defence to the suit. 7. The suit is clearly not barred by limitation. The suit has been filed within three years of the defendant having issued the dishonoured cheques. The aforesaid correspondence also acknowledged the 3 sj146-11 liability. By the letters dated 19.5.2008 and 9.11.2008, the defendant stated that due to financial difficulties, the cheques issued by him would not be honoured. 8. 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. Refund, if any, as per rules.