:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. SUMMONS FOR JUDGMENT NO. 733 OF 2003 SUMMONS FOR JUDGMENT NO. 733 OF 2003 SUMMONS FOR JUDGMENT NO. 733 OF 2003 IN IN IN SUMMARY SUIT NO. 2130 OF 2003 SUMMARY SUIT NO. 2130 OF 2003 SUMMARY SUIT NO. 2130 OF 2003 Mrs. Mina Bhatiya .....Plffs. Plffs. Plffs. vs. Mr. Kanjibhai R. Chandan .....Defnds. Defnds. Defnds. --------- Mr. O.S. Kutty for the plaintiffs. Mr. J.G. Shukla i/b. G.H. Shukla for the defendants. CORAM: S.U. KAMDAR, J. DATE : 17TH AUGUST, 2005. P.C. :. 1. The present suit is filed on a dishonoured cheque for sum of Rs.50,000/-. It is the case of the plaintiff that the said cheque was issued by the plaintiff for repayment of the friendly loan given. The defendant has filed their affidavit in reply inter-alia claiming the payments made of Rs.43,125/-. Obviously the payment of Rs.2625/- recorded at Item no.C to Item no.G of para-13 of :2: the reply is towards the interest claimed. However the defendant is misleading the court by indicating the same is on payment towards the principal amount. Similarly the receipt relied upon inrespect of the two cash payments for sum of Rs.5,000/- and Rs.16,000/- is also ex-facie bogus and fabricated. However inspite of the same I give chance to the defendant to defend the suit. 2. I direct the defendant to deposit a sum of Rs.60,000/- within a period of four weeks form today failing which the plaintiff will be entitled to the entire decreetal amount. 3. If the amount is paid as aforestated, then suit is transferred to the list of Commercial Causes. Written statement or points of defence to be filed four weeks from today. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned :3: Judge taking Commercial Causes. sd/- ************