1 sj423-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.423 OF 2010 IN SUMMARY SUIT NO.2539 OF 2010 Ammarlal D. Makheja ....Plaintiff V/s. Slash Readymades & Ors. ....Defendants Ms.Kavita S. Lalvani for the Plaintiff. Mr.P.A. Sarwankar i/b Sarwankar & Co. for Defendant Nos.1 to 5. CORAM : S.J. VAZIFDAR, J. DATE : 22ND DECEMBER, 2011. P.C. :- 1. The suit is based on a bill of exchange drawn by defendant No.1 and accepted by defendant No.2. Defendant Nos.3, 4 and 5 are the partners of defendant No.1. The defendants also issued the cheques towards the payment due under the bill of exchange. The cheques were dishonoured. 2. The defendants alleged that they made payment of Rs. 10,000/- in cash on 8.4.2010. They further alleged that they sold the goods to the plaintiff and it was agreed between the parties that the consideration for the same would be adjusted against the plaintiff’s 2 sj423-10 dues. 3. There is nothing on record that supports the defendants’ case. There is no receipt for the payment of Rs.10,000/- made in cash. The invoices relied upon by the defendants do not bare the plaintiff’s signatures. 4. There is no defence to the suit. 5. The summons for judgment is therefore disposed of by the following order :- i). Leave to defend granted to the defendants conditional upon the defendants depositing in this Court a sum of Rs. 1,20,000/-./- on or before 29.2.2012. ii). In the event the defendants deposit the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The defendants to file their written statement within thirty days. Affidavit of documents within four weeks thereafter. Discovery and inspection forthwith thereafter. iii). On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and thereafter for like periods of two years each. iv). In the event the defendants fail to deposit the aforesaid amount, liberty to the plaintiffs to apply for further orders.