1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.530 OF 2007 IN SUMMARY SUIT NO.1915 OF 2007 Saeeda Salim Ghatkai ..Plaintiff. Vs. Rashida Hamidali Ansari ..Defendant. Ms.Hina Mehta Acharya for the Plaintiff. Ms.Yogini Gurav for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 20TH JULY, 2009 P.C. :- The suit is filed to recover a sum of Rs.6,91,875/- together with interest on Rs.4,50,000/-. The suit is based on a dishonoured cheque. 2. Proceedings under section 138 were adopted by the Plaintiff. The same was however dismissed by an order and judgment dated 8.12.2005 only on a technical ground. Prima-facie, it was found that the Defendant had no defence. 3. The Defendant’s case is that the cheque was issued in blank. The fact remains however that the cheque has been signed by the Defendant and was in the possession of the Plaintiff. 2 4. In the circumstances, conditional leave to defend granted to the Defendant upon the Defendant depositing in this Court a sum of Rs.2,00,000/- within 12 weeks from today. 5. In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of commercial causes. The Defendant to file her written statement within 30 days. Discovery and inspection within four weeks thereafter. 6. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. 7. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 8. Summons for Judgment stands disposed of accordingly.