1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDEMENT NO. 231 of 2007 IN SUMMARY SUIT NO. 1032 of 2007 Sandhya Dattatray Nalavade .. Plaintiff versus Sunil Shankar Vengurlekar .. Defendant ... Mr.Jayant Gaikwad for the plaintiff. Mr.S.V. Rajeshwar for the defendant. CORAM : D.G. KARNIK, J DATED : 23rd April 2009 P.C.: 1. Heard. 2. The plaintiff has taken out this Summons Judgement in a suit filed by her for recovery of the loan of Rs.3,00,000/-. According to the plaintiff, she advanced to the defendant a loan of 2 Rs.3,00,000/-. The defendant issued a cheque of Rs.3,00,000/- dated 1.05.2005 but the cheque when presented for payment was dishonoured. The plaintiff has therefore filed this suit for recovery. 3. By filing affidavit in reply, defendant has denied the claim and has prayed for unconditional leave to defend. The defendant has denied the receipt of the loan and has contended that plaintiff had promised to arrange for a loan for him from a bank/financial institution on the basis of the security of the defendant’s shop. 4. I fail to see why the defendant would give a cheque of Rs.3,00,000/- to the plaintiff who according to him had not advanced any loan but was to arrange for the loan from a third party bank or a financial institution. If the case of the defendant is to be believed, it would mean that for a loan of Rs.3,00,000/- to be given by the third party i.e. a financial institution or a bank the defendant was to pay Rs.3,00,000/- to the plaintiff which is absolutely unbelievable. It is further worthwhile to note that by a letter dated 27th October 2005, the defendant has admitted issuance of a cheque to the plaintiff but has stated that the date was wrongly written on the cheque as "1/05/05" instead of 3 "1/05/06". Issuance of this letter is not explained by the defendant. 5. In the circumstances, in my view, defendant has not make out any plausible defence and the defence is only a moon shine. However, by way of concession a conditional leave can be granted. Hence, I pass the following order:- 6. The defendant is granted leave to defend the suit conditional upon his depositing in the court Rs.3,00,000/- within six weeks. On such deposit, the suit shall stand transferred to the list of commercial causes. Plaintiff is permitted to withdraw the amount if deposited by the defendant by furnishing security to the satisfaction of Prothonotary and Sr. Master. 7. On deposit of the money, defendant shall file written statement within ten weeks. 8. Summons for Judgement is disposed of. (D.G. KARNIK, J)