1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.402 OF 2008 IN SUMMARY SUIT NO.2157 OF 2008 Mr.Vijay Kumar Lalji Vira. ..Plaintiff. Vs. M/s. Oswal Haresh Transport & Co. and anr. Mrs. Yogini Gada i/by Harakchand & Co. for the plaintiff. Mr.Ram Kunwar i/by Mukesh Pabari for the Defendant. ...Defendants. CORAM : R.S. MOHITE, J. DATE : 12TH JUNE, 2009 PC : 1. This is a Summons for Judgment taken out by the original plaintiff. The suit of the plaintiff was for recovery of an amount of Rs.66,500/-, out of which Rs. 50,000/- is the principal amount which is based upon a 2 cheque issued and Rs.16,500/- is the amount of interest at 11 per cent per annum. The case of the plaintiff is that on 24.5.2005, the defendant No.1 through his partner being Defendant No.2 executed a writing for Rs.50,000/- in favour of the plaintiff for valuable consideration received by the defendants payable with interest at the rate of 11 per cent. The copy of the said writing dated 24.5.2005 is annexed to the plaint being Exh.A. The amount was also secured by cheque which, when presented, came to be dishonoured. After dishonour of the cheque, the proceeding U/s.138 of the Negotiable Instruments Act were initiated but the complaint was dismissed on the technical ground of delay. The Advocate for the defendant has stated that he has presented a reply in the office but no application for condonation of delay is taken out. Hence, Summons for Judgment is allowed and the suit is decreed in terms of prayer clause (a). ( R.S.MOHITE, J. ) 3