IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMONS SUMMONS SUMMONS FOR JUDGMENT FOR JUDGMENT FOR JUDGMENT NO. 429 OF 2003 NO. 429 OF 2003 NO. 429 OF 2003 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 244 OF 2003 SUIT NO. 244 OF 2003 SUIT NO. 244 OF 2003 Ashok Jain and another. ... Plaintiffs. V/s. Gaurang V. Doshi ... Defendant. Ms.Kavita Shah for the plaintiffs. S.H.Karim for the defendant. CORAM CORAM CORAM : D.G. KARNIK, J. : D.G. KARNIK, J. : D.G. KARNIK, J. DATED DATED DATED : 22nd February, 2005. : 22nd February, 2005. : 22nd February, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the parties. . The plaintiffs advanced to the defendant a loan of Rs.4,00,000/-. Admittedly, the defendant has repaid to the plaintiffs a sum of Rs.4,00,000/-. The question is whether the defendant is liable to pay interest and, if so, whether appropriation towards Rs.4,00,000/- was proper. The defence of the defendant cannot be said to be sham, fictitious and illusory. It requires trial. Hence defendant is granted unconditional leave to defend the suit. The suit be transferred to the commercial causes. Defendant to file written statement within a period of one month. *****