1 SJ134.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 134 OF 2009 IN SUMMARY SUIT NO. 3580 OF 2004 Smt. Vanita V. Kanuilkar. ... Plaintiff. V/s. Smt. Rekha Jamadar. ... Defendant. Ms. Sadiya Kazi i/b. Rajeev Matkar for the Plaintiff. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 13th OCTOBER 2010. P.C. :- This Summons for Judgment is served upon the Defendant. Affidavit of service dated 8th July 2009 is filed. There is no affidavit in reply. Hence, Summons for Judgment was taken up without affidavit in reply as the Defendant has not taken care to file affidavit in reply. 2. The Plaintiff has filed this Suit for recovery of Rs. 2,50,000/- alongwith interest as prayed in the Suit. 3. The Plaintiff claims that the Defendant delivered to the Plaintiff a cheque for Rs.2,50,000/- dated 3rd October 2002 towards the repayment of the loan. The said cheque was 2 SJ134.09.sxw deposited in the Bank till realization and it was dishonored for want of funds by dishonor memo dated 5th October 2002. The Summary Suit is filed on the strength of dishonored cheque. 4. In the absence of affidavit in reply, averments in the plaint have gone un-challenged. There is no explanation coming forth from the Defendant as to why the cheque was issued by the Defendant in favour of the Plaintiff and dishonor thereof. In such a situation, the Plaintiff has made out a case for making Summons for Judgment absolute and for a decree in terms of the prayers. 5. Hence, Summons for Judgment is made absolute and following decree is passed against the Defendant :- (i) Defendant do pay to the Plaintiff Rs.2,50,000/-. (ii) Defendant do pay to the Plaintiff interest at the rate of 18% per annum from 5th October 2002 till realization on Rs,2,50,000/-. (iii) Defendant do pay to the Plaintiff costs of the Suit. 6. The Suit and Summons for Judgment are disposed of accordingly. (R.Y. GANOO, J.)