1 SJ2.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 2 OF 2008 IN SUMMARY SUIT NO. 3051 OF 2007 PNNJ Industries Pvt. Ltd. & Anr. ... Plaintiffs. V/s. Vishal Patel. ... Defendant. Mr. S.U. Kamdar, Sr. Counsel with Ms. Patil i/b. S.R. Saudagar for the Plaintiffs. Mr. Naushad Engineer i/b. Ashok Purohit & Co. for the Defendant. CORAM : R.Y. GANOO, J. DATED : 30th AUGUST 2010. P.C. :- This Suit is filed for recovery of monies on the basis of two dishonoured cheques one for Rs.7,50,000/- and another for Rs.30,00,000/-. The Defendant herein has filed affidavit in reply and has come out with a defence that the two cheques in question were given to a common Advocate by way of escrow amount and the learned Advocate allowed the said cheques to be deposited by the Plaintiffs without the permission of the Defendant. 2. So far as this defence is concerned, it is noted that the 2 SJ2.08.sxw affidavit in reply does not indicate as to how a common lawyer is involved and what was an occasion for giving the aforesaid cheques in the hands of a common lawyer. If this is so, the defence of the Defendant that the cheques were given to a common lawyer is not clear and therefore, the defence put up by the Defendant cannot be accepted. 3. The Defendant has enclosed letter dated 21st August 2006 sent by Advocate Mr. Tailor to Advocate for the Plaintiffs Mr. Saudagar. A reading of the said letter would clearly go to show that in all four cheques including two cheques covered by the present Suit were delivered to the learned Advocate Mr. Saudagar on account of the complaint filed by client of Mr. Saudagar. The later part of the letter says that the said cheques were given for realization so far the complaint can be withdrawn. This will clearly go to show that the cheques were handed over to the Plaintiffs’ Advocate for encashment by the Plaintiffs. 4. It is also contended that the date was filled in by the Plaintiffs. If this is correct, it will mean that the instrument was handed over by the Defendant to the Plaintiffs authorizing the Plaintiffs to put up the date. 5. Looking to the entire matter from any angle, it is abundantly clear that the Defendant has no defence. At the same time, instead of making the Summons for Judgment absolute, I am inclined to cover the amount of the cheques 3 SJ2.08.sxw together i.e. Rs.37,50,000/- within a considerable time. 6. Hence, following order is passed to dispose of the Summons for Judgment :- (i) Upon the Plaintiffs depositing in this Court sum of Rs.37,50,000/- on or before 15th October 2010, the Defendant is permitted to defend the Suit (ii) The Defendant to file written statement directly in the office on or before 29.10.2010. He should produce the receipt for having deposited the monies. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)