abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 433 OF 2004 IN SUMMARY SUIT NO. 1151 OF 2004 Mrs. Renu K. Bhatia .. Plaintiff V/s Kishin Loungani .. Defendant Mr.R.R. Mishra i/b Mr.V.M. Talreja for the plaintiff. Mr.Yashpal Jain for the defendant. CORAM : D.G. KARNIK, J. DATE : 22ND APRIL 2009 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. The plaintiff has taken out this summons for judgment in a suit filed for recovery of money alleged to have been lent and advanced to the defendant. The plaintiff relies upon a bill of exchange, copy of which is filed at Exhibit-A to the plaint. - 2 - 3. By filing an affidavit in reply, the defendant has contested the summons for judgment and in the affidavit he has specifically denied the execution of the bill of exchange. He has also denied the consideration amount. There is no material on record other than bill of exchange to show that the consideration was paid. Also it cannot be decided at this stage whether the signature on the bill of exchange is that of the defendant. 4. In the circumstances, the defence of the defendant cannot be said to be illusory. The defendant is therefore granted unconditional leave to defend the suit. 5. The suit shall stand transferred to the list of commercial causes. The defendant shall file the written statement within 8 weeks. (D.G. KARNIK, J.)