: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.88 OF 2004 IN SUMMARY SUIT NO.1696 OF 2003 General Industrial & Finance Corpn. ....Plaintiffs V/s. Chittaranjan D. Shah & Ors. ....Defendants Mr.B.S. Chandnani for the Plaintiffs. Mr.N.R. Pradhan i/b G.C. Mohanty for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 19TH JANUARY, 2005. P.C. : 1. The suit is filed on the basis of the bill of exchange drawn by Defendant No.1 and accepted by Defendant No.2. The bill of exchange is for a sum of Rs.50,000/- and it is silent as to interest. There is no reply to the Plaintiffs’ advocate notice demanding payment. 2. The defence is that no consideration is received by the Plaintiffs and that upon receipt of the advocate’s notice, the Defendants met the Plaintiffs and informed them of the same. It is : 2 : submitted that the Plaintiffs thereupon agreed that the bill of exchange would not be enforceable. The defence is wholly false. 3. However, Defendant No.2 is described in the title as an Association of persons. The other members of the alleged association of persons are not joined as party Defendants. 4. Defendant No.2 is granted unconditional leave to defend the suit. The suit is transferred as against Defendant No.2 to the list of commercial causes. Defendant No.2 to file their written statement within six weeks from today. Discovery of inspection to be completed within four weeks thereafter. 5. Summons for Judgment stands disposed of accordingly as against Defendant No.2. 6. In the circumstances, the Summons for Judgment is made absolute with costs as against Defendant No.1. However, the interest after the date of the suit shall be at the rate of 12% p.a. . Parties to act on an ordinary copy of this : 3 : order duly authenticated by the Associate/Court Stenographer of this Court.