1 SJ244.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION kj SUMMONS FOR JUDGMENT NO.244 OF 2009 IN SUMMARY SUIT NO.631 OF 2009 Purnima Suryakant Udeshi ..Plaintiff Vs Sagar Sarang & Anr. ..Defendants ---- Mr.Tushar Goradia for the plaintiff. ---- Coram : S.C.DHARMADHIKARI,J Date : 19TH OCTOBER, 2010. PC 1 This Summons for Judgment is taken out in a summary suit for recovery of sum of Rs.12,47,890/-. 2 The suit is filed on the joint promissory note executed in favour of the plaintiff and the cheques drawn on 30.7.2008 which have been returned unpaid by the defendant-banker. The suit is 2 SJ244.09.sxw filed on the basis of monies which were lent and advanced and in acknowledgment of which, the writing and the joint promissory note have been executed. It is stated that writing at Exhibit-A is a joint promissory note. Exhibit-B is a cheque which has been signed by defendant no.1. Exhibits-C & D are other writings and cheques. 2 In response to the demand notice, what is stated is that a FIR has been lodged against the plaintiff for mis-using the defendant’s bank blank cheques. It was stated that by way of collateral security one cheque was issued whereas other was said to be mis- placed. There is no affidavit in reply. 3 It was stated that there was a motion which was moved for attachment before judgment and injunction, in which one reply affidavit is filed. It was stated therein that stamp paper of joint promissory note was never purchased but was already available. Further the cheque was given under force. The version that the blank cheque was given is not to be found in the Reply to the Notice preceding this suit. In the light of these circumstances, I am 3 SJ244.09.sxw satisfied that the suit claim is maintainable under order 37 and it is within limitation and that the defendants are residing at the address mentioned in the cause title at Bombay and therefore, this Court has jurisdiction to entertain and try the suit. 4 In the result, Summons for Judgment is made absolute and on the defendants depositing in this court sum of Rs.10 lakhs within 12 weeks from today, the suit to stand transferred to the list of commercial causes. In default, further consequences in law shall follow. (S.C.DHARMADHIKARI,J)