1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.10 OF 2009 IN SUMMARY SUIT NO.3233 OF 2007 Kesharimal Champalalji Kothari ..Plaintiff V/s. Devilal M.Hiran & Anr. ..Defendants ---- Mr.Ramesh Jain for the plaintiff. Mr.P.N.Kulkarni for the defendants. ---- Coram : R.S.MOHITE,J Date : 2nd July, 2009. PC 1 This is a summons for judgment taken out by the plaintiff who has filed a summary suit for recovery of Rs.3,10,268.48/- along with further interest @ 18% per annum. The suit of the plaintiff is based upon a bill of exchange accepted and delivered by defendant no.2 to the plaintiff. It is the case of the plaintiff that on 25.11.2004 defendant no.1 for valuable consideration of Rs.3,00,000/- drew the said bill of exchange directing the defendant no.2 to pay the plaintiff sum of Rs.3,00,000/- . The plaintiff avers that thereafter the said bill of exchange was dis-honoured by the defendant. Part payment of Rs.1,00,000/- was made on 25.7.2007 leaving a balance principal amount of Rs. 2,00,000/-. This amount together with interest thereon is a claim made by the plaintiff in the suit. 2 2 A reply has been filed by the defendant no.1 on behalf of both the defendants in which he contends that the plaintiff was working in their jewellery shop and there was a close relationship between the parties. It is their contention that plaintiff used to bring several documents pertaining to income tax and sales tax for the signature of defendant no. 1. It appears to be his defence that the bill of exchange was inadvertently signed by him. It may be stated that in respect of the similar transaction another summary suit was filed for principal amount of Rs.1,35,000/- together with interest thereon. In a summons for judgment in this suit being Summons for Judgment No.9/2009, this Court by its order dated 6.4.2009 has granted leave to defend the suit subject to condition that the defendant will deposit amount of Rs.2,00,000/- within a period of eight weeks. Prima facie, the defence does not seem to have much substance. In the circumstances, in my view, since the facts and defence is similar, summons for judgment is disposed off by the following order :- O R D E R 1. Upon defendants depositing Rs.2,50,000/- within a period of eight weeks, they shall have leave to defend the suit. If the amount is deposited, the defendants shall file their written statement within a period of 12 weeks. ( R.S.MOHITE, J. ) 3