1 sj109-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.109 of 2009 in Summary Suit No.3055 of 2008 Umakant G. Parab .. Plaintiff v/s. Rajendra Bajaj ..Defendant Ms. Kavita A. Shah for the Plaintiff. Mr.H.R.Pawar for the Defendant CORAM : R.Y.GANOO, J. DATED : 19th October , 2010 P.C. : 1. Suit is filed for recovery of monies on the strength of Promissory Note dated 1.10.2005. Xerox copy of the Promissory Note is enclosed as Exhibit K-1 to the plaint. Bare perusal of the said promissory note goes to show that necessary payment of stamp duty as per the Indian Stamp Act i.e. affixing Revenue Stamp at the signature of the defendant is absent. This will go to show that the instrument is not properly stamped. In view of this, defendant is entitled to unconditional leave to defend. Hence following order is passed. 2 sj109-09.sxw ORDER i) Unconditional leave to defend is granted to the defendant to defend the suit. Defendant to file written statement directly in the office on or before 10.12.2010. Defendant to serve copy of the written statement upon advocate for the plaintiff within 10 days from filing of the written statement in the office. ii) Summons for judgment is disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]