IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.577 OF 2005 IN SUMMARY SUIT NO.822 OF 2005 Rekha A.Gagwani ..Plaintiff Vs. Vashdev Ramnani and Anr. ..Defendants Ms.K.A.Lalvani for the plaintiff Mr.P.M.Shah for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 21ST FEBRUARY, 2006 DATED : 21ST FEBRUARY, 2006 DATED : 21ST FEBRUARY, 2006 P.C.: 1. The present suit is filed on the bill of exchange dt.23.10.98 for a sum of Rs.50000/-. It is the case of the plaintiff that the interest is paid on the said amount till August 2000 and thereafter there is a part payment on 26.12.01 for a sum of Rs.10,000/-. After giving credit to the part payment and adding interest, the claim made in the present suit is sum of Rs.73,000/-. There was a demand notice on 27.11.04 to which there was no reply and therefore the present suit is filed. 2. The learned counsel for the defendants has only raised the contention that the claim is barred by the law of limitation. He has contended that on 26.12.01 payment of Rs.10,000/- was not in respect of suit transaction but was made by the wife of defendant no.1 and mother of defendant no.2 in respect of a different transaction i.e. a loan which was taken by the mother. However, the learned counsel for the defendants has not been able to produce any evidence to show that in fact there was a different loan transaction with mother of the defendant no.2. A broker has filed an affidavit dt.16.1.06 in which he has stated that the transaction are done through him and there are no other transactions apart from the suit transaction. In the light of the aforesaid, I do not find any merits in the issue of limitation raised by the defendants. 3. However, with a view to give an opportunity to the defendants to defend the suit, I direct the defendants to deposit a sum of Rs.70,000/- within 4 weeks failing which plaintiffs will be entitled to decree. If the said amount is deposited the Prothonotary and Senior Master is directed to invest the same in any Nationalised Bank in Fixed Deposit initially for a period of 3 years and then renew the same from time to time till further orders of this court. If the amount is deposited then suit is to be transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within four weeks from the date of deposit of the said amount. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking Commercial Causes.