1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2540 OF 2007 Miss. Kusum Laxman Khadya ....Plaintiff V/s. Mrs.Mehrun Huseini ....Defendant Mr.Amol Doijode with Ms.Manju Sharma, Ms.Madhavi Sapkal and Ms.Khanti Sasane for the Plaintiff. CORAM : S.J. VAZIFDAR, J. DATE : 25TH SEPTEMBER, 2009. P.C. :- 1. The suit is filed to recover a sum of Rs.30,50,000/- along with interest at 18% p.a. on the principal sum of Rs.20,00,000/- from the date of the suit till payment. 2. The Plaintiff and Defendant have known to each other for over 35 years. The Plaintiff advanced various amounts to the Defendant from time to time. The Defendant by a writing dated 31.7.2004 acknowledged having received upto 1.7.2004 a sum of Rs.55,37,632.80 ps. and enclosed the details thereof. By the said letter, she offered to let the Plaintiff live her flat as she intended to move to her new residence. 3. Thereafter the Defendant made part payment of Rs.10,00,000/- on 2.9.2004. The Defendant also issued a cheque in the sum of Rs. 45,00,000/-, which was dishonoured. The Plaintiff filed a complaint under Section 138 of the Negotiable Instruments Act. Thereafter the Defendant 2 made payment of Rs.25,00,000/- leaving the balance of Rs.20,00,000/- which is claimed in this suit. The suit is therefore, based on the dishonoured cheque of Rs.45,00,000/- but the claim is restricted to Rs. 20,00,000/- in view of the part payment of Rs.25,00,000/-. A compilation of the documents is tendered. The same is taken on record and marked Exhibit-A collectively. 4. There is no defence to the suit. The entire claim is established from the documents on record. 5. In the circumstances, the suit is decreed as prayed. Refund as per rules.