: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.129 OF 2008 IN SUMMARY SUIT NO.1992 OF 2006 EKL Appliances Ltd. ....Plaintiff V/s. Chandrakant Daga ....Defendant Mr.R.D. Soni i/b Ram & Co. for the Plaintiff. Mr.Nagendra Dube with Mr.Manoj Kadam for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 30TH AUGUST, 2008. P.C. : 1. The suit is filed to recover the amounts in respect of the goods sold and delivered by the Plaintiff to the Defendant. The suit is based on a dishonoured cheque. That the cheque has been issued after being duly signed is not disputed. It is further contended that the cheque was meant to be only as and by way of the security and that it was issued not on the date it bears namely 8.7.2003 but in the year 1998. 2. It is difficult to accept this contention. The alteration on the cheque has also been endorsed by the Defendant on 21.8.2003. Further the Defendant could easily have established that the cheque is of : 2 : the year 1998, by producing his records if not of the year 1998 at least of the year 2003. That the Defendant’s premises have been sealed is no excuse. An appropriate application could always have been made for inspecting the records. The Plaintiff has restricted its claim for interest at 15% p.a. The Plaintiff would have been entitled even in law at 18% p.a. in the absence of a contract to the contrary. 3. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. Refund as per rules.