*1* nms.32.01.11.ss.1392.06.919.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3201 OF 2011 IN SUMMARY SUIT NO.1392 OF 2006 Kashmirilal Agarwal and others. ..Plaintiffs -versus- Niren C. Ajmera and another. ..Defendants ............ Mr.Sanskar Marathe, for the Plaintiffs. Mr.Abhishek Pungliya with Mr.Madhur Baya, for the Defendants. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 12th December, 2011. P.C.: 1 Heard. The reply tendered by the Defendants is taken on record. 2 The request in this Notice of Motion cannot be granted. If one peruses the issues, it is for the Plaintiffs to prove as to whether they are entitled to the sums claimed in the suit. Other issues, which according to the Plaintiffs’ Advocate, cast burden on the Defendants and particularly whether the Defendants prove that they are entitled to retain the amount, that will have to be proved only if the Plaintiffs discharge the initial burden. 3 The Notice of Motion is, therefore, misconceived and is dismissed. No costs. 4 The Plaintiffs to file their affidavits of evidence and documents within two weeks from today, failing which this suit can be dismissed in default. (S.C. Dharmadhikari, J)