1 sj130-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.130 of 2010 . in Summary Suit No. 2548 of 2009 Cyrus Keki Nagarwala .. Plaintiff v/s. Raichand V. Gogri ..Defendant Mr.R.D.Soni i/b. Ram & Company for the Plaintiff. Mr.Bhavin Gada i/b. M/s. Harakchand & Co. for the Defendant CORAM : R.Y.GANOO, J. DATED : 16th August , 2010 P.C. : 1. Affidavit in reply filed by the present defendant is taken on record. Plaintiff had advanced loan to Ms. Kesar Enterprises. Mrs. Gogri was the proprietress thereof. Towards repayment of the said loan one cheque dated 31.5.2008 was issued The same got dishonoured. In lieu of that cheque another cheque was given dated 31.12.2008. The said cheque also got dishonoured. Mrs. Gogri expired in July 2009. Thereafter this suit has been filed to recover loan amount as the defendant is the husband of Mrs. Gogri and has succeeded to the estate of Mrs. Gogri. 2 sj130-10.sxw 2. After having gone through the record it is clear defendant is joined as he has succeeded the estate of deceased. In such a case, on first princiles the defendant is entitled to unconditional leave. Arguments advanced by the learned Counsel for the plaintiff that the present defendant had the benefit of transaction and he was looking after the firm may not be accepted. Hence the following order is passed to dispose of the summons for judgment. ORDER i. Unconditional leave is granted to the defendant. Defendant to file written statement directly in the office on or before 20.9.2010, serve copy of the same upon the advocate for the plaintiffs. There shall be no order as to costs. [R.Y.GANOO, J.]