1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.320 OF 2008 IN SUMMARY SUIT NO.1967 OF 2008 Kantilal Bastimal Jodhavat ...Plaintiff V/s. Poonam Pradip Patil ..Defendant ---- Mr.Ramesh Jain for the plaintiff. Mr.L.C.Joshi for the defendant. ---- Coram : R.S.Mohite,J Date : 19th June, 2009. P.C. 1. This is a summons for judgment filed by the original plaintiff who has filed a suit for recovery of an amount of Rs.7,57,117.80/- as per the statement of claim. The suit is based upon a cheque for an amount of Rs.6 lacs said to have been issued by the defendant and the balance amount has been claimed as interest at the rate of 18% . It is the contention of the plaintiff that cheque was issued by the defendant for valuable consideration against sum of Rs.6 lacs received by the defendant at Bombay. The cheque in question is annexed at Exhibit-A to the plaint and is dated 13.11.2006. In the list of documents the plaintiff relied upon the receipt executed by the defendant dated 2.8.2006. The said receipt is annexed at Exhibit-A to the affidavit in rejoinder dated 3.4.2009 filed by the plaintiff in the summons for 2 judgment. There is no surrejoinder filed. Advocate for the defendant admits the signature thereon is of the defendant. The receipt indicates that defendant has received Rs.6 lacs from the plaintiff against the security of post dated cheque. Plaintiff has further agreed to pay interest @ 1.75 % per month which is recorded on the receipt. Receipt further records that the amount has been taken for the purpose of business. 2. As against this, in affidavit in reply, it is contended by the defendant that she has actually taken Rs.2 lacs. 4% interest was deducted and the actual amount handed over to her was Rs.1,20,000/- . There is no document produced by the defendant to evidence such a transaction. Be that as it may, I find that the plaintiff in his plaint has not made any averment as to why any amount had been given. He did not annexe the receipt to indicate that the amount has been given on interest @ 1.75 % per month which is exhorbitant. In the circumstances, I am inclined to grant conditional leave to defend the suit. Leave is therefore, granted to defend the suit subject to defendant depositing an amount of Rs.4 lacs in this Court within a period of eight weeks from today. Summons for Judgment disposed off. If the amount is deposited, the same shall be invested by the Prothonotary & Senior Master in a fixed deposit of any nationalised bank, initially for a period of three years. ( R.S.MOHITE, J. ) 3