1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.384 of 2008 IN Summary Suit No.2490 of 2008 Ashokkumar Chandanmal Jain .. .. Plaintiff v/s. Dahisar Sarvoday Vividh Karyakari Sahakari Society Ltd. & ors. .. .. Defendants Mr.Bharat Vaishnava for Plff. Mr.Prakash Ganwani with Mr.Manoj Dalvi for Deft.Nos.1 , 3, 4 & 5. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. The Plaintiff has sued for refund of the amount of the earnest money paid under Pay order of Rs.15 Lakhs dated 27.6.2006 read with the Defendant's letter dated 15th May 2007 in paragraph 8(e), of which the earnest money is stated to be an interest free deposit. The 2 letters do not constitute a written agreement to repay the said amount. Hence the Summary Suit is not maintainable. Unconditional leave is granted to the Defendant. The Defendants shall file their Written Statement within 30 days. (SMT.ROSHAN DALVI, J.)