- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUMMONS FOR JUDGMENT NO.286 OF 2006 IN SUMMARY SUIT NO.772 OF 2003 ... Bank of Baroda ...Plaintiff v/s. Jayasing Bhaguji Kolhe ...Defendant ... Mr.A.B.Shinde for the Plaintiff. Mr.O.S.Kutty for the Defendant. ... CORAM: D.K.DESHMUKH, J. DATED: 12TH SEPTEMBER,2006 P.C.: Suit of the Plaintiff/bank is for recovery of the - 2 - amount which according to the Plaintiff/bank was paid in excess by mistake. Obviously, there cannot be a written contract as a basis of such suit. Therefore, the Defendant is granted unconditional leave to defend the suit. Written statement to be filed within a period of eight weeks from today. Suit be transferred to commercial cause list. ...