SJ.162/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 162 OF 2010 IN SUMMARY SUIT NO. 2742 OF 2009 M/s Shree Sai Industries Pvt. Ltd. ..Plaintiff. Vs. Manoj Katyal Defendant. --- Mr. N.S. Das, for the Plaintiff. Mr. Hiranya Pandey, for the Defendant.. ---- CORAM: S.C. DHARMADHIKARI, J. DATE : 7 TH SEPTEMBER, 2010. P.C.: Heard learned Advocates for the parties. 2] The summary suit is filed on a written contract as evidenced by the invoices and delivery challans, wherein the goods were sold, supplied and delivered to the defendant. The defendant issued post date cheques which on presentation came to be dishonoured. The demand notice was sent which was duly received as it clear from the plaint averments. There is no reply to the said demand notice. 1 SJ.162/2010 3] The suit therefore clearly falls within Order XXXVII of the Code of Civil Procedure, 1908. Further, the suit claim is within limitation and this Court has jurisdiction to entertain by virtue of leave under the Clause 12 of Letters Patent being granted. Only defence raised is that the defendant handed over post date cheques in advance while purchasing the material and whenever he purchased the material he used to instruct the plaintiff to present the cheque for encashment. In the instant case, the defendant has allegedly purchased goods worth Rs.18 lacs but post dated cheques forwarded to the plaintiff are to the tune of Rs.45,50,000/-. This is unbelievable because nobody would forward cheque for such huge amount when actual purchasing is to the tune of Rs.18 lacs only. Thus, post date cheques were given as security. The material was not supplied and cheques were also not returned. Taking advantage of retentionn of cheques, the suit is filed. The invoices annexed to the plaint are false and fabricated. 4] For all these reasons the defendant prays for unconditional leave. 5] It is clear that the defendant had not replied to any of the demand notices despite receipt thereof. All defences that are raised appear to be an afterthought. If the defendant was right in his contention 2 SJ.162/2010 he would have definitely taken steps to retrive the post dated cheques. He would not have allowed them to be retained when no material was delivered to him and there was no invoice outstanding. The fact that the cheques were lying and never attempted to be retrived shows that the pleas raised orally are an afterthought. 6] Considering that the defendant’s claims to have incurred lossess and that he would like to prove his case as set out in the affidavit in reply, lenient view is taken. All conditions being complied with he would be entitled to Conditional leave to defend. Therefore on the defendant depositing in this Court a sum of Rs.15,00,000/- within a period of 12 weeks from today, conditional leave to defendant is granted. If the said amount is deposited, the suit to stand transferred to the list of Commercial Causes, with usual directions as to filing of written statement, discovery and inspection. In default, all consequences in law shall follow. 7] The Summons for Judgment is allowed in these terms. No costs. [S.C. DHARMADHIKARI, J.] 3