1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.531 OF 2007 IN SUMMARY SUIT NO.2887 OF 2007 Bhavin Ramniklal Kenia ..Plaintiff. Vs. Sandeep Talakshi Shah ..Defendant. Mr.Amit H. Yadav for the Plaintiff. Mr.Q.M.Ashpaq for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 20TH JULY, 2009 P.C. :- The suit is filed to recover a sum of Rs.5,00,000/- together with interest at 18% per annum from the date of the filing of the suit till payment. The suit is based on a dishonoured cheque in the sum of Rs.5,00,000/-. According to the Plaintiff, a sum of Rs.1,00,000/- was advanced by cheque and the balance Rs.4,00,000/- was advanced in cash. The cheque which was dishonoured was issued by the Defendant towards repayment of the said amount. 2. The Defendant denies the receipt of the sum of Rs. 4,00,000/- in cash. 2 3. Admittedly, part-payments towards interest were made on 3.10.2006 and 28.3.2007 in the sum of Rs.1200/- and Rs.6000/- respectively. These amounts are obviously on account and they do not correspond proportionately towards full payment of interest either on Rs.1,00,000/- or Rs.5,00,000/-. 4. However, there was no reply by the Defendant to the Plaintiff’s Advocate notice dated 4.6.2007 demanding payment. The suit was filed on 10.8.2007, there was therefore adequate time to reply to the said notice. 5. It was further contended that the suit cheque was stolen. However, a complaint in respect thereof was filed by the Defendant only after the Defendant received the writ of summons in the present matter. 6. Be that as it may, there is no convincing explanation regarding the circumstances in which the cheque was allegedly stolen. 7. In the circumstances, the following order is passed :- i) The suit is decreed in the sum of Rs.1,00,000/- together with interest thereon at 18% per annum from the date of filing of the suit till payment and/or realization. ii) As regards the balance amount of Rs.4,00,000/- conditional leave to defend granted to the Defendant upon the 3 Defendant depositing in this Court a sum of Rs.2,00,000/- within 12 weeks from today. iii) In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of commercial causes. The Defendant to file his written statement within 30 days. Discovery and inspection within four weeks thereafter. iv) In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. v) On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalized bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 8. Summons for Judgment stands disposed of accordingly.