1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 763 of 2008 IN SUMMARY SUIT NO. 3196 of 2007 Nanda Vsant Bhagyawan .. Plaintiff versus Mr.Parshuram M. Male .. Defendant ... Ms.Leela Malu for the plaintiff. None for the defendant. CORAM : D.G.KARNIK, J DATED : 6th June 2008 P.C.: 1. Heard learned counsel for the plaintiff. None present for the defendant. 2. This motion is taken out by the plaintiff for attachment before judgement of the defendant’s property in a suit filed by her for recovery of Rs.15 2 lakhs together with interest. 3. Plaintiff is a widow and had given the money to the defendant for purchase of a shop and flat. Instead of the purchase of flat and shop in the name of the plaintiff. the defendant purchased the same in his own name and thereby he deceived her and also did not refund the money when demanded. He however, gave two cheques to the defendant towards repayment of the principal money but both the cheques were dishonored when presented for payment. The defendant was prosecuted and convicted u/s.138 of the Negotiable Instruments Act. The appeal filed by the defendant against the conviction has been dismissed by the Sessions Court on 5th May 2007. In Criminal Application no.3862 of 2006 filed in this court was partly allowed by this court directing the defendant to deposit sum of Rs.7,50,000/- till 7th February 2007. Despite this direction defendant did not deposit the amount and preferred an SLP no.1116 of 2007 which has been dismissed by the Hon’ble Supreme Court on 22nd October 2007. 4. The facts reveal that defendant has no intention of making the payment and infact appears to have used the plaintiff’s money for purchasing the flat in his own name. Though served, defendant has 3 not filed any affidavit in reply traversing the averments in the motion. In the circumstances, motion deserved to be allowed. Hence, I pass the following order:- O R D E R . The defendant shall furnish security to the satisfaction of Prothonotary & Sr. Master in the sum of Rs.15 lakhs within two weeks hereof. In the event defendant fails to furnish the security as mentioned above, the properties of the defendant mentioned in the motion shall be attached before judgement and the motion shall stand allowed in terms of prayer clause (a). (D.G. KARNIK, J)