MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.347 OF 2007 IN SUMMARY SUIT NO.3262 OF 2005 Ramesh Chhotalal Gandhi .........Plaintiff Versus Kairav Dinesh Shah..................Defendant Mr. G.T. Kukreja i/b. Kukreja & Co., for the Plaintiff Mr.P. Kawali i/b. U.M. Jhaveri, for the Defendant. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 P.C.: P.C.: P.C.: . The suit is filed to recover a sum of Rs.9,15,454/- together with interest on the principal sum of Rs.6.00 lakhs at 18% per annum. The suit is filed against the Defendant as a guarantor. 2. The Plaintiff has relied upon six documents identically worded between 14th November, 2002 and 5th January, 2003 by which the principal debtor who was the Defendant’s father confirmed having received in cash an aggregate sum of Rs.6.00 lakhs and promised to repay the same on demand. As a guarantor on each of the documents the Defendant has endorsed in writing a promise to pay the said sum if the principal debtor, his father, failed to repay same. MGN 3. That the said writings were executed by the Defendant’s deceased father and by him is not denied. It is however contended that the writings were obtained from the Defendant’s father while he was undergoing medical treatment. The Defendant’s father expired on 10th July, 2002. The Defendant signed certain documents without understanding the same and believing that he was signing the same only as a witness. The Defendant alleges that each of the document were actually signed on the same day. 4. In view of the fact that the execution of the document was admitted it is difficult to grant unconditional leave to defend. 5. In the circumstances conditional leave granted to the Defendant upon the Defendant depositing in this Court a sum of Rs.3.00 lakhs within twelve weeks from today. . In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendant to file his written statement within 30 days. Discovery and inspection to be completed within four weeks thereafter. . On the said deposit being made, the Prothonotary & Senior Master to invest the same in MGN any nationalised bank initially for a period of two years and thereafter for like periods of two years each. 6. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. 7. Summons for Judgment disposed of accordingly. ......