1 SJ98.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 98 OF 2009 IN SUMMARY SUIT NO. 3584 OF 2007 Geeta Udyog. ... Plaintiff. V/s. Ramesh R. Kaushik. ... Defendant. Mr. M.S. Kadu for the Plaintiffs. Mr. Deepak J. Lullia for the Defendant. CORAM : R.Y. GANOO, J. DATED : 08th OCTOBER 2010. P.C. :- The Plaintiff has filed this Suit for recovery of Rs.2.00 lakhs and interest as set out in the particulars of claim. It is the case of the Plaintiff that cheque dated 8th November 2004 for Rs.2.00 lakhs was delivered to the Defendant and i.e. how loan was advanced to the Defendant. The Defendant has disputed the liability. The institution of a Summary Suit on the basis of a delivery of a negotiable instrument by way of a loan is not maintainable. Hence, the Defendant is entitled to unconditional leave to defend. 2. Hence, following order is passed to dispose of the Summons for Judgment :- 2 SJ98.09.sxw (i) Unconditional leave is granted to the Defendant to defend the Suit. (ii) The Defendant to file written statement directly in the Office on or before 2nd December 2010. (iii) The Defendant to serve copy of the written statement to the Plaintiff within 10 days from filing of the written statement in the office. (iv) There shall be no order as to costs. (R.Y. GANOO, J.)