IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 298 OF 2007 IN SUMMARY SUIT NO. 1191 OF 2006 Murari Mohan Pramanick .. Plaintiff V/s M/s A.D. Karmokar Financial Consultancy Pvt. Ltd. & Ors. .. Defendants Mr.R.P. Ojha for the Plaintiff. None for the Defendants. CORAM : S.J, VAZIFDAR, J. DATE : 17TH JULY 2008 P.C.: 1. This suit is filed to recover the amounts lent and advanced by the Plaintiff to Defendant No.3. Defendant No.2 had executed a guarantee dated 6th January 2002. Defendant No.1 had issued 12 post dated cheques at the request of Defendant No.3 towards repayment of the said amount. 2. The payment in respect of one cheque was made after proceedings were initiated under section 138 of the Negotiable Instruments Act. One cheque was honoured. Prima facie, the claim in respect of first cheque is barred by the law of limitation. - 2 - 3. As regards the remaining cheques, there is no defence to the suit. Defendant No.3 has inter alia by a letter dated 6th January 2003 expressly admitted her liability and acknowledged that she is duty bound to see that the payments are made and undertook and confirmed that in the event of the payment not being made, she would be responsible for the same. 4. The learned advocate for the Plaintiff fairly states that an affidavit in reply was served upon him. However, there is no affidavit in reply filed in this Court. The Defendants are absent. 5. The claim has not been made in respect of the cheque which is time barred and there is no defence to the suit. 6. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. Refund as per rules.