1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 448 OF 2007 IN SUMMARY SUIT NO. 2053 OF 2007 Ramshankar Premshankar Wahie .. Plaintiff. Vs. M/s Shree Ranisati Distributors Pvt.Ltd. ...Defendant. ---- Mr. Harish Pawar, for the Plaintiff. Mr. Yatin R. Shah, for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 30TH JULY, 2009 P.C. :- 1. The suit is based, inter alia, on four dishonoured cheques issued by the Defendant in favour of the Plaintiff. In respect of three cheques, the defence of limitation is required to be considered. In respect of remaining cheque dated 14th June, 2004, the issue of limitation does not arise as the suit was filed on 13th June, 2007. 2. The defence is that the cheque was only given as a security and was not to be encashed. There is nothing in writing to this effect. 2 3. It is, however, contended that this is, inter alia, evident from the conduct of the parties. There is nothing on record which indicates that the cheques were only a security. The reliance placed upon the statement of account showing an adjustment against “MAC” does not establish the same. 4. In the circumstances, leave to defend in respect of the cheque dated 14.06.2004 is granted to the Defendant conditional upon the Defendant is depositing in this Court a sum of Rs.5,00,000/- within twelve weeks from today. Unconditional leave to defend in respect of the remaining cheques. The suit to stand transferred to the list of Commercial Causes. The Defendants to file their written statement within thirty days. Discovery and inspection within four weeks thereafter. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders only in respect of the cheque dated 14.06.2004. 3. Summons for Judgment stands disposed of accordingly.