: 1 : SJ-42-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 42 OF 2009 IN SUMMARY SUIT NO. 3253 OF 2008 Harshad Amulakh Kothari .. Plaintiff v/s. Parag Indulal Vora & Anr. .. Defendants ......... Mr. Tanvir Shaikh i/b H.C. Dabhi for the plaintiff Mr. K.S. Tripathi for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 8th DECEMBER, 2010 P.C. : 1. Heard learned Counsel on both sides. Suit is filed on the strength of promissory note dated 1st April, 2007. This promissory note was executed by the defendants by way of renewal of the earlier promissory note dated 28th June, 2004. A cheque for Rs.3,792/- dated 27th March, 2008 got dishonoured. 2. In the affidavit-in-reply, defendants have taken a stand that transaction in regard to receiving of money was done through a broker : 2 : SJ-42-09=.sxw by name M/s. L.P. Mehta and certain blank documents were presented to the defendants and signatures were obtained on that. Looking to the affidavit-in-reply, the defendants have no defence at the same time considering the entire transaction and the stand taken by the defendants that blank documents were tendered for signatures, defendants will have to be put to terms and that defendants should be directed to deposit amount covered by the suit i.e. 1,11,376/- to defend the suit. Hence, following order is passed to dispose of the summons for judgment. ORDER (i) Upon defendants depositing in this Court a sum of Rs.1,11,376/-, defendants are granted leave to defend the suit. (ii) Defendants to file written statement in the office on or before 8th February, 2011. Defendants to serve copy of the written statement upon advocate for the plaintiffs within 10 days from filing of the written statement in the office. There shall be no order as to costs. (R.Y.GANOO, J.)