1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 394 OF 2007 IN SUMMARY SUIT NO. 1732 OF OF 2007 Prakash H. Rathod .. Plaintiff V/s P. Kannaya .. Defendant Mr. Ramesh Jain for the plaintiff. Mr. Ramesh Patil i/b Ajay Misrar & Co. for the defendant. CORAM : D.G. KARNIK, J. DATE : 23RD JUNE 2009 P.C. : 1. Heard the learned counsel for the parties. 2. This summons for judgment is taken out by the plaintiff in a suit filed for recovery of money. According to the plaintiff, he lent and advanced to the defendant a sum of Rs.90,000/-. The defendant executed a promissory note on 18th October 2006 promising to repay Rs.90,000/- with interest at 2 1.75% per month. Copy of the promissory note is annexed to the plaint and the original promissory note is filed in a compilation along with the other documents. 3. In the affidavit in reply to the summons for judgment, the defendant has not denied execution of the promissory note. He has contended that he had taken loan of Rs.5,000/- and in fact repaid Rs.12,000/- to the plaintiff. The defendant, however, has not produced any document regarding the alleged repayment of Rs.12,000/-. 4. In view of the fact that the execution of the promissory note is not specifically denied and also there is an admission of the defendant of taking the loan from the plaintiff, though the quantum is denied, the burden of proving the loan advanced was only of Rs.5,000/- is on the defendant. This has not been shown even prima facie. By way of concession, I am inclined ordinarily to grant conditional leave to defend the suit subject to depositing in the Court the entire principal amount. Hence, I pass the following order: (a) The defendant is granted conditional leave to defend the suit subject to depositing in the Court the sum of Rs.90,000/- within 8 weeks. On such deposit, the suit shall stand transferred to the list of commercial causes. If the amount is deposited, the plaintiff is permitted to withdraw the same by furnishing security to the satisfaction of the Prothonotary & Senior Master. 3 In the event the defendant fails to deposit the money within the stipulated time, the plaintiff shall have liberty to apply. (b) The summons for judgment is disposed of. (D.G. KARNIK, J.)