1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgement No.201 of 2009 . in Summary Suit No.982 of 2009 Maxtone Electronic Pvt. Ltd. .. Plaintiffs v/s. Anand Newar ..Defendant Mr.Anil Agarwal for the Plaintiff. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 16th April, 2010 P.C. : 1. After the Summons for Judgment was taken out the defendant has filed affidavit in reply opposing the Summons for Judgment. I have heard learned Advocate for the Plaintiffs. Plaintiffs sold and delivered the goods, more particularly set out in the invoices mentioned in the plaint and the defendant towards payment of the costs of goods covered by the said invoices issued a cheque for Rs. 15,69,358/-. The said cheque when deposited in the bank was dishonoured and that is how the plaintiffs have instituted the suit for 2 recovery of Rs.15,69,358/- on the ground of dishonour of the cheque. Particulars of the claim mentioned with the suit is filed on the dishonoured cheque. 2. The defendant has filed affidavit in reply. The defendant admits having received the goods. However, according to him the goods were of inferior quality and the defendant was not in a position to sale them. 3. After having considered the affidavit in reply, I am inclined to observe that if the defendant is directed to deposit the sum of Rs.10 lakhs as and by way of condition to defend the suit , that would meet the ends of justice. Hence following order is passed. ORDER i) Upon defendant depositing sum of Rs.10,00,000/- in this Court on or before 9.6.2010, defendant is granted leave to defend the suit. ii) Suit adjourned to 11.6.2010 for filing written statement. 3 Written statement to be filed directly in the Court on 11.6.2010. Matter to be shown in the column for filing written statement. Copy of written statement should be delivered to the Advocate for the Plaintiff prior to 11.6.2010. iii) Summons for Judgment disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]