*1* sj.483.09.ss.2006.09.906 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.483 OF 2009 IN SUMMARY SUIT NO.2006 OF 2009 Punjab National Bank. ..Plaintiff -Versus- Lawoo G. Asrondakar and another. ..Defendants .......... Ms.Tasneem Zariwala i/b Intra Legal, for the Plaintiff. Mr.Rajesh Datar, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 16th December, 2010. P.C. 1 On attention of the Plaintiff’s Advocate being invited to the fact that there is averment in the plaint that the sanction of housing loan to the Defendant No.1 is secured by equitable mortgage of Flat No.12, 2nd Floor, Building No.A-8, Krishi Cooperative Housing Society Ltd., Gholap Nagar, Mauje Chikanghar, Taluka Kalyan, District Thane admeasuring 545 sq.ft. built up area and even the copy of the title deed and equitable mortgage having been annexed; how a summary suit is maintainable. In other words, if the Plaintiff desires to retain the security and enforce it, it cannot proceed to recover the money de-hors the same or without giving up the security. It has to take a decision whether to waive the security or seek recovery of money simpliciter. The Plaintiff’s Advocate sought time to take instructions and has stated that the Plaintiff will not be in position to give up rights under the equitable mortgage. In other words, the Plaintiff is not in a position to give up the security. *2* sj.483.09.ss.2006.09.906 2 In such circumstances, appreciating the clear position in law, the summary suit will not be maintainable. Therefore, there will be unconditional leave to defend. The suit is transferred to the list of commercial causes. The Written Statement to be filed within 12 weeks from today. Discovery and inspection be completed within 04 weeks thereafter. The hearing of suit is expedited. The Summons for Judgment is, accordingly, disposed of. (S.C. Dharmadhikari, J)