1 SJ79.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 79 OF 2009 IN SUMMARY SUIT NO. 2382 OF 2008 The ICICI Securities Limited. ... Plaintiffs. V/s. Gold Filled Leather Works and Ors. ... Defendants. Ms. Amarjit Kaur with Ms. L.K. Bulchandani for the Plaintiffs. Mr. Prashant Ghelani h/f. M/s. S.M. Associates for the Defendants. CORAM : R.Y. GANOO, J. DATED : 06th OCTOBER 2010. P.C. :- The Plaintiffs have filed the Suit for recovery of Rs. 9,39,600/- being the principal amount and the interest as set out in the particulars of claim. According to the Plaintiffs, Defendant Nos. 2 and 3 being the trustees had assured the Plaintiffs that certain premises will be given to the Plaintiffs on tenancy basis and according to the Plaintiffs draft agreement was approved of but the same was not executed. According to the Plaintiffs, a sum of Rs.9,39,600/- was paid to the trust of which Defendant No.2 and 3 are the trustees, on the basis of some representation made by Defendant Nos.2 and 3 in expectation that the transaction would go through and the Plaintiffs would be able to acquire the premises. The Plaintiffs claim that the receipt of Rs.9,39,600/- is admitted by Defendant Nos.2 and 3. 2 SJ79.09.sxw 2. I have heard learned Counsels on both sides. The document which was agreed to be signed creating certain rights in regard to the premises then held by Defendant Nos.2 and 3, was draft. That would not provide any assistance to the Plaintiffs. The monies are advanced by the Plaintiffs to Defendant No.1 by negotiable instrument. Even if the receipt of the said monies is admitted, institution of a Summary Suit on the strength of the cheque by which the monies were paid would not entitle the Plaintiffs to institute a Summary Suit for recovery of the amount covered by the cheque. The Suit does not fall within the ambit of Order XXXVII Rule 2 of C.P.C. The Defendants are entitled to unconditional leave to defend. 3. Hence, following order is passed to dispose of the Summons for Judgment :- (i) Unconditional leave to defend is granted to the Defendants. (ii) The Defendants to file Written Statement directly in the Office on or before 30th November 2010. (iii) The Defendants to serve copy of the Written Statement upon Advocate for the Plaintiffs. (iv) There shall be no order as to costs. (R.Y. GANOO, J.) 3 SJ79.09.sxw