:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMM.SUIT NO.1148 OF 2005 SUMM.SUIT NO.1148 OF 2005 SUMM.SUIT NO.1148 OF 2005 Sanat N.Rochh .. Plaintiff Vs. Uttam Yashwant Khadpe .. Defendant Mr.Sunil Patel i/b Sunil & Co for Plaintiff CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH APRIL, 2008. DATED : 10TH APRIL, 2008. DATED : 10TH APRIL, 2008. P.C.: P.C.: P.C.: 1. This suit is filed for recovery of an amount of Rs.2,50,000/- which the plaintiff had advanced to the defendant by way of a friendly loan. There is no dispute that the amount was sought to be refunded by the defendant by cheques, as detailed in Exhibit A to the plaint. All the cheques were however, dishonoured as funds were insufficient. 2. Conditional leave to defend the suit was granted to the defendant on his depositing of Rs.2,50,000/- within a period of 8 weeks from the date of the order dated 17th April, 2006. It was made clear that if the amount is not deposited within the stipulated period, the plaintiff will be entitled to a decree as prayed for. The defendant has not complied with the order. The plaintiff have filed no deposit certificate dated 20th March, 2007. :2: :2: :2: 3. The plaintiff has filed the original documents on record. The original documents are taken on record and marked ’X’ (collectively). There is nothing on record that militates against the plaintiff’s claim in the suit. 4. In the circumstances, the suit is decreed as prayed for. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)