1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.319 of 2008 IN Summary Suit No.1198 of 2008 Thakordas Bhagwandas Vora (HUF) .. .. Plaintiff v/s. CRC Carrier Ltd. & anr. .. .. Defendants Mr.Tushar Goradia for Plff. Ms.Z.R. Temkar for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. This Suit is filed upon the Bill of Exchange dated 17.5.2000 of Rs.2 Lakhs drawn by the 1st Defendant and accepted by the 2 nd Defendant. The initial Bill of Exchange was drawn on 5.5.1998 for this amount by the same parties. The transaction has been renewed under the aforesaid Bill of Exchange dated 17.5.2000. Hence the suit claim is under the Bill of Exchange dated 17.5.2000 only. The Defendants have made part payments of Rs.2500/- on 7.7.2003, Rs.10,000/- on 31.12.2004, Rs.10,000 /- on 21.9.2005 and Rs.20,000/- on 22.5.2006. These payments are made by cheques. The bar of limitation, if any, is saved by such part payments. The Suit is filed in 2008. 2 2. An ex-parte decree has been passed against Defendant No.2 who is the acceptor of the Bill of exchange having primary liability to make payment thereupon. 3. The Defendants have disputed the signatures of the drawers and the rate of interest claimed. There is no contractual rate of interest shown from the Bill of Exchange. The Bill of Exchange has been presented for payment and dishonoured by non- payment of 9.12.2000 and hence the interest at the rate of 15% per annum is claimed from such date. The Plaintiff has given adjustment towards the amounts paid which was a part payment made to compute the interest on the balance amount. 4. The defence of non- execution of the Bill of Exchange has to be rejected as part payments made by cheques cannot be explained if the Bill of Exchange was not executed as shown. 5. On the Defendants depositing Rs.2 Lakhs within 8 weeks, the Defendants shall have leave to defend the Suit. If the amount is deposited, the Defendants shall file their Written Statement within 30 days. (SMT.ROSHAN DALVI, J.)