- 1 - 38.sj.172.11 ss.621.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 172 OF 2011 IN SUMMARY SUIT NO.621 OF 2011 Collard Trading Pvt. Ltd. ..Plaintiff -Versus- Rajkumar Bajaj & Madhu R. Bajaj ..Defendants .......... Ms.Kavita S. Lalvani for the Plaintiff. Mr.M.S.Bhardwaj for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 24TH AUGUST 2011. P.C. 1 This suit is filed to recover a sum of Rs.1,10,000/- with interest at the rate of 18% per annum on a principal sum of Rs.1,00,000/-. It is not denied that defendant no.1 is the drawer of the bill of exchange and that defendant no.2 is the acceptor thereof. 2 It is however contended that real transaction was with M/s.L.K.Talreja Broking Private Limited. The contention is that the various amounts were advanced byM/s.L.K.Talreja Broking Private Limited to the defendants and that the defendants have settled the account with them. - 2 - 38.sj.172.11 ss.621.11 3 In the circumstances, no amounts, according to the defendants, are payable, to the plaintiff. The defence is unsustainable. The bill of exchange has been drawn in favour of the plaintiff. Even assuming that amounts due thereunder were paid to a third party, the defendants did so at their own risk. Admittedly, they did not make the payment with the consent of the plaintiff. In the circumstances, there is no defence to the suit. 4 In this view of the matter, I permitted the learned counsel appearing on behalf of the plaintiff to proceed on the basis of denials and rejected the application to file the rejoinder. 5 Accordingly, the Summons for Judgment is made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -