1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.382 OF 2007 IN SUMMARY SUIT NO.914 OF 2007 MOTIRAM J. KUMAWAT ..PLAINTIFF VS. LAXMI NARAYAN KUMAR ..DEFENDANT Mr R.R.Varma i/b A.M.Sarogi for the Plaintiff. Ms. Anita Sawant i/b S.V.Vora for Defendant CORAM: SMT ROSHAN DALVI, J. DATED: 20 th February, 2009 P.C.: 1. The suit is filed for recovery of Rs.4 lacs under the four cheques annexed to the Plaint of which have been dishonoured. 2. The receipt of consideration under the cheques is admitted. It is the case of the Defendant that the entire amount as also additional amount of Rs.10,000 /- is repaid on three different occasions in the presence of certain persons when the payments were made. 2 3. The Defendant has not made payment by cheques though the amounts were received by cheques. The Defendant has not shown any receipt in respect of the amounts paid. The oral case of the Defendant would require corroboration by those witnesses. The Defendant has produced certain Affidavits shown to be signed by those witnesses. The oral evidence of those witnesses will be required to adjudicate upon the Defendant's case. Until that is done, the defence of the Defendant is not at all substantiated. Hence at least the principal amount of the cheque admittedly received by the Defendant must be secured. Hence the following order: The Defendant shall deposit Rs.4 lacs with the Prothonotary & Senior Master of this court within four weeks. If the amount is deposited the Defendant shall be entitled to file her written statement. The written statement shall be filed within 30 days of the date of the deposit. If the amount is deposited, the Prothonotary & Senior Master shall invest the said amount in any nationalised bank initially for period of 37 months. (Roshan Dalvi, J)