1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.33 OF 2008 IN SUMMARY SUIT NO.3090 OF 2007 Mohd.Salim Fida Hussain Chouhan ....Plaintiff V/s. T.G. Subramanian ....Defendant Mr.M.Y. Sayani for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JULY, 2009. P.C. :- 1. The suit is filed to recover a sum of Rs.7,64,820=00 together with interest at 18% p.a. on principal sum of Rs.5,00,000/-. 2. The suit is based on a dishonoured cheque. The cheque was issued towards refund of an amount of Rs.5,00,000/- paid by the Plaintiff to the Defendant under a consultancy agreement. Under the terms of the agreement, the amount was to be refunded if the transaction referred to therein did not fructify. Admittedly it did not. 3. The Defendant under cover of its letter dated 14.9.2004 forwarded a cheque in the sum of Rs.5,00,000/-, which was dishonoured. Thereafter under cover of a letter dated 8.11.2004, a further cheque in the said amount was issued, which was also dishonoured. 2 4. It is stated that even in the proceedings under Section 138 of the Negotiable Instruments Act, the Defendant has failed. 5. There is no affidavit in reply. In the circumstances, there is no defence to the suit. 6. On behalf of the Plaintiff, a compilation of the documents is tendered, the same is taken on record and marked Exhibit-A collectively. 7. In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed for. Refund as per rules.