SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.46 OF 2008 SUMMONS FOR JUDGMENT NO.46 OF 2008 SUMMONS FOR JUDGMENT NO.46 OF 2008 IN SUMMARY SUIT NO. 404 OF 2007 Burjor Cawasji Sarkari & Anr. .. Plaintiffs. V/s. Mrs. Almas Khanam Naeem Khan .. Defendant. --- Mr.Prathamesh i/by S.B.Deshmukh for the Plaintiffs. Mr.V.R.Tripathi for the Defendant. --- CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 P.C. P.C. P.C.: 1. This summons for judgement is taken out by the plaintiffs in the summary suit filed for the recovery of Rs. 1,00,000/- (Rs.One lakh) allegedly advanced as a loan to the defendant. 2. According to the plaintiffs the defendant has executed a promissory note of Rs. One lakh on 5th of January, 2004 and a photo copy of the promissory note is at Exh.‘A’ (page 12) to the plaint. In the affidavit in reply, the defendant has denied execution of the promissory note dated 5th of January, 2004 and has - 2 - denied her signature thereon. The learned counsel for the defendant also handed over for my inspection the passport of the defendant which shows the signature of the defendant. The signature of the defendant appearing on the passport and the signature on the promissory note are materially different and are in no way similar. The learned counsel for the plaintiffs is unable to point out any other material to show that the signature on the promissory note at Exh.‘A’ is the signature of the defendant or is similar to her signature appearing on any admitted document. In the circumstances, in my view the defendant is entitled to an unconditional leave to defend the suit. Hence, I pass the following order. 3. The defendant is granted unconditional leave to defend the suit. Defendant shall file written statement within eight weeks. On the written statement being filed, the suit shall be transferred to the list of commercial causes. 4. The passport is returned to the defendant after inspection. The defendant is, however, directed to file on record a photo copy of the entire passport, after certifying it as true copy, on the record. (D.G. KARNIK, J.) .....