1 APP1190/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1190 OF 2010 IN SUMMONS FOR JUDGMENT NO.332 OF 2008 IN SUMMARY SUIT NO.819 OF 2008 Popat Rambhia ...Appellant v/s Bharati K. Punamiya ...Respondent Mr A.A. Kumbhakoni i/b Mr Mandar Soman for Appellant. Mr Y.K. Tiwari i/b M/s K.P. Tiwari and Co. for Respondent. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 7TH MARCH 2011. 2 APP1190/10 P.C. :- 1] Admit. Heard finally by consent of the parties. 2] The plaintiff has filed summary suit for recovery of the amount mentioned in the prayer clause of the suit. A summons for judgment was taken out. That summons for judgment has been decided by order dated 4th October 2010. The learned Single Judge has granted conditional leave to defend to the defendant. We have heard learned counsel for both the sides. In our opinion, it was a case for grant of unconditional leave to defend because in paragraph 2 of the plaint, the plaintiff states that Defendant is engaged in business of trading concern as Co-operative Society which is known to deal in the business of imported goods. Defendant asked for short term loan from the plaintiff as defendant was in urgent need of money in order to deposit the duty to the custom office and promised to repay the same within three months. 3 APP1190/10 The averments in the plaint suggest that the loan, according to the plaintiff, was advanced by the plaintiff to the Co-operative Society, but no Co- operative Society has been joined as defendant. Secondly, it is not the case of the plaintiff that the cheques which were dishonoured before institution of the suit were issued by the defendant in favour of the plaintiff as earlier cheques were dishonoured. In paragraph 5 of the impugned order, the learned Single Judge has observed thus :- 5.The plaintiff has come out with the case that these cheques were given to the plaintiff on account of dishonour of earlier cheques. The learned counsel appearing for original plaintiff has fairly stated before us that it was never the case of the plaintiff. Taking overall view of the matter therefore, in our opinion, following order would meet the ends of justice. 4 APP1190/10 3] The order dated 4th October 2010 impugned in the appeal is set aside. Summons for judgment No. 332 of 2008 is disposed off. The defendant is granted unconditional leave to defend the suit. Hearing of the suit is expedited. Notice of motion No.175 of 2011 is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )