1 sj376-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.376 OF 2010 IN SUMMARY SUIT NO.2191 OF 2010 Bansraj B. Chauhan ....Plaintiff V/s. Ashok K. Vaghela ....Defendant Mr.Hemant Mehta i/b Mehta & Co. for the Plaintiff. Mr.Raj Patel i/b Mr.S.S. Kudalkar for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH DECEMBER, 2011. P.C. :- 1. The suit is based on a dishonoured cheque in the sum of Rs.21.00 lacs drawn by the defendant in favour of the plaintiff. 2. The plaintiff’s case is that the cheque was drawn in consideration of repayment of a loan advanced in cash. The defence is that the parties had agreed to jointly develop a property which belonged to a third party. The defendant and the third party had entered into a development agreement in respect of the property on 20.1.1994. No particulars regarding that oral agreement are furnished. There is nothing to indicate that the M.O.U. dated 20.1.1994 was valid 2 sj376-10 and subsisting on 3.4.2010 on which date the dishonoured cheque was issued. The contention therefore, is a mere after-thought. 3. The cheque dated 3.4.2010 was deposited on the same day by the plaintiff. It was dishonoured with an endorsement “insufficient funds”. The plaintiff’s case is that thereafter the defendant requested him to redeposit the cheque and that he accordingly redeposited the cheque on 30.6.2010. It is important to note that during this period of three months, the defendant never express surprise either orally or in writing on the plaintiff having deposited the cheque on 3.4.2010. If the defendant had any grievance, he would immediately have protested about the plaintiff’s having deposited the cheque on 3.4.2010. 4. In the circumstances, there really 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 defendant conditional upon the defendant depositing in this Court a sum of Rs.21.00 lacs on or before 31.3.2012. ii). In the event the defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The defendant to file his 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 3 sj376-10 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 defendant fails to deposit the aforesaid amount, liberty to the plaintiff to apply for further orders.