1 sj245-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.245 of 2009 . in Summary Suit No.584 of 2009 Advance Synthetics .. Plaintiffs v/s. Bhagchand T. Jain & 2 others ..Defendants Mr.S.M.Jain for the Plaintiffs. None for the Defendants CORAM : R.Y.GANOO, J. DATED : 19th July, 2010 P.C. : 1. The affidavit of service is filed. Defendants are served with the summons for judgment. Heard learned Advocate for the plaintiffs. Plaintiffs have clubbed two cause of actions. First cause of action pertains to supposed admission by the defendants on the letter of confirmation to the tune of Rs.5,00,000/-, second cause of action is on the basis of the amount lent by the plaintiff to the defendants vide cheque no.154004 dated 20.4.2005. After having heard learned Counsel for the plaintiffs, it is clear that the plaintiffs could not have filed the summary suit for recovery of amount due in regard to the 2 sj245-09.sxw cheque transaction pertaining to cheque No.154004 dated 20.4.2005 as merely because the amount of paid over to the other party by cheque does not provide a person ground to institute the summary suit for non payment of the amount . This position of law is well settled and the knowledge of the same will have to be imputed to the plaintiffs and certainly to the advocate appearing on behalf of the plaintiffs. In my view, this was an attempt to institute the summary suit on two cause of actions out of which one case of action cannot be accepted by this Court. The conduct of the plaintiffs is not bonafide and therefore the summons for judgment will have to be disposed of by granting unconditional leave to defend. Hence following order is passed. ORDER i) Unconditional leave is granted to the defendant to defend the suit. ii) Defendant to file written statement on 27.9.2010 directly in the court. Adjourned to 27.9.2010. Plaintiffs to inform this order to the defendant by RPAD and produce the acknowledgment order on 27.9.2010. [R.Y.GANOO, J.]