Chandka 1 SJ-150-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 150 OF 2010 IN SUMMARY SUIT NO. 26 OF 2010 Balkishin Jiwandas Sahjwani ..Plaintiff versus Chaitanya Pharma & Ors. ..Defendants Ms. Kavita S. Lalwani for Plaintiff. Mr. P. H. Bhojwani, Defendant No. 4 and partner of Defendant No. 1 and Defendant No. 2 Karta and Manager of Parasram Hemandas, HUF, present in person. CORAM : DR. D. Y. CHANDRACHUD, J. 22 March 2011. P.C. : The Second Defendant has filed an affidavit in reply. None of the other Defendants have filed a reply. Affidavit of service has been filed. 2. The Summary Suit has been instituted for the recovery of an amount of Rs.60,000/- together with interest on the principal sum of Rs.50,000/- at the rate of 18% per annum. The First Defendant for consideration drew a Demand Bill of Exchange on the Second Defendant in favour of the Plaintiff Chandka 2 SJ-150-10 on 13 April 2007 in the amount of Rs.50,000/-. The Second Defendant accepted the Bill of Exchange. The First Defendant towards repayment of the amount due issued a cheque on 6 October 2008 in the amount of Rs. 50,000/-. The cheque was however returned by the bankers upon presentation for insufficiency of funds. 3. In the affidavit in reply the Second Defendant has stated that he may be granted time to pay the outstanding dues of Rs.60,000/- in instalments of Rs.20,000/- each at the interval of two weeks. The Second Defendant has appeared in person. Since the claim of the Plaintiff of Rs.60,000/- is on the date of the institution of the suit, the Second Defendant and the Plaintiff have agreed that a further amount of Rs.6,000/- shall be paid towards interest by way of full and final settlement. The Second Defendant has agreed to this and has made a statement to that effect before the Court. In the circumstances the Summons for Judgment shall stand disposed of in the following terms: i. The Defendants shall pay to the Plaintiff an amount of Rs. 66,000/-, of which an amount of Rs.20,000/- shall be paid on or before 5 April 2011, amount of Rs.20,000/- on or before 19 April 2011 and an amount of Rs.26,000/- on or before 3 May 2011. Chandka 3 SJ-150-10 4. The Summons for Judgment is accordingly disposed of. (Dr. D. Y. Chandrachud, J.)