1 sj403-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.403 of 2008 . in Summary Suit No. 2158 of 2008 Sunderben Lalji Vira .. Plaintiff v/s. M/s. Oswal Haresh Transport & Co. & Others ..Defendants Mr.Bhaven Gada with Sachin Karia i/b. M/s. Harakchand & Co. for the Plaintiff. Mr.Mukesh Pabari for the Defendants CORAM : R.Y.GANOO, J. DATED : 24th November , 2010 P.C. : 1. Heard learned Counsels on both sides. Particulars of claim set out in the plaint clearly indicate that the suit is filed on the basis of writing dated 24.5.2005 which is at Exhibit A to the plaint. Nodoubt, in the plaint there are certain averments as regards dishonour of the cheque etc. However, reading of the plaint clearly indicates that the said averments can not be utilized by the plaintiff to say that the suit is filed on the strength of dishonoured cheques. If that would have 2 sj403-08.sxw been so, the particulars of claim would have been stated accordingly i.e. to say the plaintiff would have relied upon the dishonoured cheques for the purpose of putting up the claim before the court. 2. I have perused the writing dated 24.5.2005 which is at Exhibit A to the plaint. English translation of the same is also annexed to the plaint. Reading of the same would go to show that the amount of Rs. 2,00,000/- was handed over to the defendants . According to the said writing, the amount of Rs.2,00,000/- was handed over to the defendant and it was to as a deposit. Certainly, for that kind of writing summary suit is not maintianable. Hence the defendant is entitled to unconditional leave to defend. Hence following order is passed to dispose of the summons for judgment. ORDER i. Unconditional Leave to defend is granted to the defendants. Defendant to file written statement directly in the court on or before 17.1.2011. ii. The defendant to serve copy of the written statement upon the 3 sj403-08.sxw advocate for the plaintiff within 7 days from the filing of the written statement in the office. Iii. There shall be no order as to costs. iv. After the aforesaid order is passed, learned Advocate for the plaintiff states that the plaintiff is a senior citizen. In view of this,suit is ordered to be expedited. Hence, if at all the written statement is filed in the office directly as stated above, the suit be set down for issues on 27.1.2011. [R.Y.GANOO, J.]