1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1188 OF 2009 IN SUMMARY SUIT NO.1875 OF 2008 Tambawalla Metal Mart ...Plaintiff Vs. Mona Conductors and Metal Pvt. Ltd. ...Defendants Mr.A.M.Rajabally for Plaintiff None for Defendant CORAM : SMT.ROSHAN DALVI, J. DATED : 18TH July 2009 P.C. : 1.The Defendants have set up a defence in their Summary Suit that part payment has been made by the Defendants under a writing dated 30 th April, 2007 and received by the Plaintiff. The Plaintiff has denied the execution of the agreement as well as the receipt of the money thereunder. The Plaintiff has applied for impounding the documents and sending it to the State Examiner of documents to verify its authenticity. 2.It is for the Defendants to prove the document that they rely upon by direct as well as any other circumstantial evidence. It is not for the Plaintiff to disprove the document. 2 3.The Defendants case of execution of the document is rejected in the Summons for Judgment. 4.The Summons for Judgment has been made absolute. Consequently, relief in this Notice of Motion need not be granted. 5.There shall be no order in Notice of Motion. 6.No order as to costs. (SMT.ROSHAN DALVI, J.)