1 SJ354.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENTNO. 354 OF 2008 IN SUMMARY SUIT NO. 1066 OF 2008 Karuna Raman Patel and Anr. ... Plaintiffs. V/s. Rajendra Eknath Mane. ... Defendant. Mr. Derrat i/b. Thakoredas & Madgaonkar for the Plaintiffs. Mr. R.R. Sonawane i/b. M.B. Shirsat for the Defendant. CORAM : R.Y. GANOO, J. DATED : 29th SEPTEMBER 2010. P.C. :- The Plaintiffs have filed this Suit for recovery of monies as set out in the particulars of claim. According to the Plaintiffs, they have delivered to the Defendant a cheque of Rs.70,000/- dated 6th July 2002 as and by way of an advance. According to the Plaintiffs, the Defendant by cheque dated 17th January 2005 repaid a sum of Rs.1,000/-. According to the Plaintiffs, notice was sent calling upon the Defendant being Notice dated 24th March 2006 for recovery of the rest of the amount. He prayed for making the Summons for Judgment absolute. 2 SJ354.08.sxw 2. After having heard learned Counsels on both sides, it is clear that the institution of the present Suit does not fall within the parameter of Order XXXVII of C.P.C. Payment of monies by cheque does not entitle a person to institute a Summons for Judgment for recovery of the said amount. In view of the above, the Defendant is entitled to unconditional leave to defend. 3. Hence, following order is passed :- (i) The Defendant is granted unconditional leave to defend the Suit. (ii) The Defendant to file written statement directly in the office on or before 30th October 2010 and inform the Plaintiffs about the same. (iii) There shall be no order as to costs. (iv) The Summons for Judgment is disposed of accordingly. 4. After the aforesaid order is passed, learned Counsel for the Plaintiffs prayed for early hearing. Request is rejected at this stage. (R.Y. GANOO, J.)