1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.644 OF 2005 SUMMONS FOR JUDGMENT NO.644 OF 2005 SUMMONS FOR JUDGMENT NO.644 OF 2005 IN IN IN SUMMARY SUIT NO.1999 OF 2004 SUMMARY SUIT NO.1999 OF 2004 SUMMARY SUIT NO.1999 OF 2004 Surekha Vijaykumar Desai ).. Plaintiff Versus Yatin G. Dossa and another ).. Defendants Mr.Mohammad Wasim for the Plaintiff. None present for the Defendants. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 20TH MARCH 2006 DATED : 20TH MARCH 2006 DATED : 20TH MARCH 2006 P.C.: P.C.: P.C.: . The Suit has been filed on 17th October 2005 wherein the Plaintiff had advanced an amount of Rs.40,000/- to Defendant No.1. Demand Bill of Exchange was drawn by Defendant No.1 and accepted by Defendant No.2. It appears that despite the demand made on the Defendants to repay the amount, it has not been repaid. Interest, however, was paid on the Demand Bill of Exchange upto 8th February 2002. The Bill of Exchange was dishonoured by the Defendants when presented by the Plaintiff. 2. In the reply to the notice issued on behalf of the Plaintiff, the Defendants have denied their liability. Inspection, which was sought by the 2 Defendants, was given by the Advocate for the Plaintiff. 3. Summons for Judgment was served on the Defendants on 23rd October 2005. Affidavit to that effect has been filed. There is no reply on behalf of the Defendants. The particulars of the claim annexed to the Plaint shows that an amount of Rs.55,000/- is payable upto the date of filing of the Suit. However, with a view to give opportunity to the Defendants to repay the amount, conditional leave is required to be granted to the Defendants on the Defendants depositing Rs.40,000/- in this Court within four weeks from today failing which the Plaintiffs will be entitled to a decree. 4. If the Defendants deposit the amount as aforesaid, Prothonotary & Senior Master to invest the same in a Fixed Deposit of a Nationalised Bank initially for a period of three years, to be renewed thereafter till the pendency of the Suit. The Suit thereafter to be sent to the list of Commercial Causes. 5. Written Statement to be filed within eight weeks. Discovery and inspection to be taken within eight weeks thereafter.