1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.193 OF 2008 IN SUMMARY SUIT NO.2430 OF 2007 Thakkar M Prafulbhai ....Plaintiff V/s. P.M. Siddique & Anr. ....Defendants Mr.S.R. Saudagar for the Plaintiff. Mr.Imtiaz A. Raibakker for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 23RD SEPTEMBER, 2009. P.C. :- 1. The suit is filed to recover a sum of Rs.4,00,000/- with interest thereon at 18% p.a. from the date of the suit till realization. The Summons for Judgment however has been taken out only against Defendant No.1 as Defendant No.2 has not filed an appearance. 2. The suit is based on four bills of exchange drawn by Defendant No.1 and accepted by Defendant No.2 and on the basis of four dishonoured cheques. 3. Defendant No.1 does not deny having signed the bills of exchange. Nor does he deny having singed the said cheques. 4. The case of Defendant No.1 as regards the bills of exchange is that there were blank documents handed over by him to Defendant No.2 with whom he had business transactions. His case in respect of the 2 cheques is that the same were signed by him in blank and handed over to Defendant No.2. His case is that these cheques were handed over in the year 2002 itself. This, he submits, is evident from the bank statement which shows that the cheques from the same series were in fact realized in the year 2002. 5. It is difficult to accept the case of Defendant No.1. Firstly, he does not deny having executed the bills of exchange and the cheques which were dishonoured. Further, there was no reply to the Plaintiffs’ advocates notice dated 13.5.2006 which was issued in terms of Section 138 of the Negotiable Instruments Act. Nor was there any reply to the Plaintiff’s advocates notices dated 13.8.2007 and 22.7.2007 demanding payment. The receipt of these notices were however denied. The Plaintiff has produced the R.P.A.D. acknowledgement receipt in respect of notices dated 13.8.2007 and 22.6.2007. The defences therefore do not appear to be genuine. 6. In the circumstances, the Summons for Judgment is disposed of by the following order :- i). Leave to defend is granted to Defendant No.1 conditional upon Defendant No.1 depositing in this Court a sum of Rs.4,00,000/- within twelve weeks from today. ii). In the event Defendant No.1 deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. Defendant No.1 to file his written statement within thirty days. Discovery and Inspection within four weeks thereafter. iii). In the event Defendant No.1 fails to deposit the aforesaid 3 amount, liberty to the Plaintiffs to apply for further orders. iv). 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. 7. Summons for Judgment as against Defendant No.1 stands disposed of accordingly.