1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.23 OF 2010 IN SUMMARY SUIT NO.14 OF 2007 Ms. Prabha Kannan. ..Plaintiff. Vs. B. Narsimhan. ..Defendant. Mr. Prasad for the plaintiff. Mr. Mohankumar K. for the defendant. CORAM : R.S. MOHITE, J. DATE : 27th July, 2010 PC : 1 This is a summons for judgment taken out by the original plaintiff who has filed a suit for recovery of an amount of Rs.7,33,399/- which includes principal amount of Rs.6/-lacs together with interest at the rate of 12%p.a. from the date of filing of the suit till judgment/realization of the amount. On perusal of the plaint, it is seen that the suit is based upon three receipts for Rs.2.00 lacs each. The receipts contain a promise for effecting repayment within a period of 2.1/2 months along with interest at the rate of 12% p.a. The Plaintiff relies upon a letter dated 6.12.2004 from the defendant indicating that three cheques for the amount of Rs.2.00 lacs each were given on post dated basis and additional collateral security of flat was also furnished. The case of the plaintiff is that three cheques were dishonoured 2 when presented. In the circumstances, summary suit is filed. 2 On behalf of the defendant reply is filed. It is the case of the defendants that the advance receipts were taken without paying any amount to the defendant by a person name Ravi Goenka and in such a fact situation, no amount is given to them. On being asked as to whether said defendant Mr. Ravi Goenka was issued any letter for returning receipts, Advocate for the defendants states that no such letter was given to Mr. Ravi Goenka. It is then contended that manner of making payment is not mentioned in the plaint. Three receipts for Rs.2.00 lacs each , specifically mention that payment was made by cash. In my view, defence is illusory. In the circumstances, conditional leave is granted to defend the suit, subject to deposit of claim amount of Rs.7,33,399/-. Amount to be deposited in this court within a period of 90 days from today. On the amount being deposited, the Prothonotary is directed to invest the said amount in a fixed deposit in a nationalized bank initially for a period of three years and thereafter to invest the same on yearly basis until further order. List the suit for filing written statement on 27.10.2010. (R.S. MOHITE,J.)