1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 125 OF 2009 IN SUMMARY SUIT NO. 3533 OF 2007 Avita Jain. ..Plaintiff. Vs. Mahesh C.Saliga. ..Respondent. Mr. Bharat Vaishnava i/by M/s. Bharat Vaishnawa & Co. for the plaintiff. CORAM : R.S. MOHITE, J. DATE : 20th July, 2010 P.C. : 1. Heard Advocate for the plaintiff. 2 This is a suit filed by the plaintiff for recovery of an amount of Rs,45,000/- with interest amount of Rs. 18,200/- till the date of filing of the plaint. Case of the plaintiff is that she had lend an amount of Rs.2,50,000/- to the defendant under a receipt dated 7.11.1996 which recorded the factum of grant of the said loan and agreed rate at 15% per annum. It is the case of the plaintiff that an amount of Rs.2,00,000/- was initially paid and subsequently an amount of Rs.5000/- was received on 26.8.2004. Suit came to be filed on 17.8.2004 and according to the plaintiff as the last payment was made 2 on 26.8.2004 the suit was within time. Reply has been filed on behalf of the defendant. The defendant is a Chartered Accountant. He has raised defence of limitation. It is however, seen that a plea of limitation rests upon the fact that last payment in the plaint is said to have been made on 28.6.2004. Advocate for the plaintiff states that defence only rests upon a typhographical mistake. Other defence taken by the defendant is that the entire amount has been paid by cash. No details are disclosed in the written statement. In my view, therefore, the defence is not convincing. Leave is therefore, granted subject to deposit of amount of Rs.63,000/- in this court within a period of 8-weeks from today. Summons for Judgment is disposed off. Defendant is directed to file his written statement within a period of 8-weeks. Place the matter after 8-weeks for further directions. (R.S.MOHITE, J.)