KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.32 OF 2008 IN SUMMARY SUIT NO.1515 OF 2007 Mohankumar Jain .. Plaintiff V/s. Imperial Vinyl Pvt. Ltd., .. Defendants ---- Mr.Ramesh Jain for the Plaintiff. None for the Defendants. ---- CORAM : R.S.MOHITE, J DATE : 12/7/2010 P. C.: 1 Heard Advocate for the plaintiff. The plaintiff’s suit is for recovery of an amount of Rs.4,50,000/- with interest from the date of filing of the suit. It is the plaintiff’s case that an amount was lent to the defendants by four cheques of total value of Rs. 4,50,000/- which were encashed. Advocate for the defendants is absent. On perusing the reply of the defendants, it is their contention that the entire amount of Rs.4,50,000/- was repaid by three cheques as detailed in paragraph-5(a). On perusing the table it is seen that two of these cheques are bearer cheques. The KJ 2 third cheque is said to have been issued in the name of M/s. Shankeshwar. The averment in the said paragraph itself indicates that the name of the firm in respect of which plaintiff is a proprietor is “M/s.Shankeshawar Industries”. The rejoinder is filed denying the receipt of any such money. Since one of the cheque is not in the name of proprietorship firm of the plaintiff and other two cheques are admittedly, bearer cheques which can be encashed by anybody, in my view, the defence taken does not appear to be genuine. In the circumstances, leave to defend the suit is granted subject to deposit of Rs.4,50,000/- in this Court within a period of six weeks from today. Summons for Judgment disposed off accordingly. In case amount is deposited, the same to be invested in a fixed deposit of any nationalised bank initially for a period of three years and thereafter will be renewed on yearly basis till the disposal of the suit. (R.S.MOHITE,J.) KJ 3