1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1032 OF 2007 Sandhya Dattatray Nalavade .. Plaintiff. Vs. Sunil Shankar Vengurlekar ...Defendant. --- Mr. Jayawant Gaikwad, for the Plaintiff. None for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATED : 20TH AUGUST, 2009. P.C. 1. The Suit is filed to recover a sum of Rs.3,00,000/- with interest thereon at 18% p.a. from the date of filing of the suit till payment. 2. The promissory note was executed and the cheque was issued in respect of the loan of Rs.3,10,000/- granted by the Plaintiff to the Defendant. The Defendant made part payment of Rs.10,000/- leaving the balance of suit claim outstanding. The Defendant has filed an appearance. The Plaintiff took out a Summons for Judgment. By an order dated 23.04.2009, the Defendant was granted leave to defend conditional upon depositing a sum of Rs.3,00,000/- within six weeks. The Defendant failed to do so. A certificate of non deposit of amount 2 was issued. 3. The learned counsel appearing for the Plaintiff wanted to examine the Plaintiff. He in fact tendered an affidavit in lieu of examination-in-chief. Considering the facts of this case I do not think it necessary for him to do so and therefore did not permit him to do so. 4. The Plaintiff’s case stands established by the promissory note and the dishonoured cheque which have been taken on record. The Defendant had not complied with the conditional order. There is no written statement filed by the Defendant. This is a fit case where the averments and submissions in the plaint ought to be accepted as correct. 5. In these circumstances, there is no defence to the Plaintiff’s claim in the suit. The suit is therefore decreed as prayed. Refund as per rules.