IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.711 OF 2004 IN SUMMARY SUIT NO.2266 OF 2004 Kamlesh Indulal Sheth ..Plaintiffs Vs. Bharat P.Valia ..Defendants Mr.K.K.Shroff i/b Daru Shah and Co. for the plaintiffs Mr.Tushar Bhavsar i/b Shah and Sanghvi for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 27TH SEPTEMBER, 2005 DATED : 27TH SEPTEMBER, 2005 DATED : 27TH SEPTEMBER, 2005 P.C.: 1. The present suit is based on promissory note for Rs.1,20,000/- with interest claim totalling to Rs.1,94,058/-. 2. The defence raised in the present suit are already been covered and decided by my order dt.13.9.05 passed in Summons for Judgment No.607 of 2004 and 594 of 2004. However, the learned counsel for defendant has raised an additional issue that suit is filed by two individuals whereas promissory note is in favour of company. Company is partnership firm of which defendant no. 1 and 2 are partners. Probably in view of the fact that the firm was unregistered. Suit is filed by the partners in their individual capacity. It is well settled that liability and assets of the firm belong to partners and partners are entitled to institute the acton in their individual capacity. In that view of the matter, there is no substance in the aforesaid additional contention also and therefore, I direct the defendants to deposit a sum of Rs.1,20,000/-within 4 weeks failing which plaintiffs will be entitled to decree. If the said amount is deposited the Prothonotary and Senior Master is directed to invest the same in any Nationalised Bank in Fixed Deposit initially for a period of 3 years and then renew the same from time to time till further orders of this court. If the amount is deposited then suit is to be transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within four weeks from the date of deposit of the said amount. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking Commercial Causes.