1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.129 of 2006 In Summary Suit No.6473 of 1999 Taranjit Singh s/o Santok Singh Grover ..Plaintiff v/s. Vijay P. Joshi .. ..Defendant Plaintiff in person, present. Mr.Sanjay Jain i/by L.S. Jain for Defendant. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 15 th October, 2008 P.C. : 1. This Suit has been filed since 1999 upon a writing executed by the Defendant on 4.12.1996, constituting the contract between the parties in respect of the liquidated amount mentioned therein. 2. The Defendant has shown that there were certain transactions between the parties with regard to the purchase of certain flat and/or shop by the Plaintiff. The Defendant, who is the Chartered Accountant, appears to have played some part in those transactions between the builder and the Plaintiff. Certain criminal complaints have been filed by the Plaintiff. The statement of the Defendant has been recorded by the Police. The complaints could have to be prosecuted to 2 determine the precise transactions and the role of the Defendant therein. Though the writing in the Suit is dated 4.12.1996, the criminal complaint is filed thereafter for cheating. It cannot be said that for the transaction between the parties settlement came to be reached as a conclusion for which the writing was executed which is the only writing which is sought to be enforced by the Plaintiff. Hence the defence of the Defendant shall have to be determined on merits at the trial. 3. The Defendant shall have an unconditional leave to defend the Suit. The Defendant shall file a Written Statement within 8 weeks. U.O.D.I. [SMT.ROSHAN DALVI, J.]