Hemant Vasant Garibe And ANR v. Kishor Balchand Jain

(16)-WP-4994-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.30 10:50:16 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.4994 OF 2021 Hemant Vasant Garibe and Anr.

..Petitioners

Versus

Kishor Balchand Jain ..Respondent Mr. Rahul R. Patil, for the Petitioners.

CORAM : NITIN W. SAMBRE, J.

DATE : 28th MARCH, 2022 P.C.

1.

Heard.

2.

Though served none appears for the respondent. 3.

This petition is by the defendants in Special Summary Suit No.153 of 2017 pending on the file of Second Joint Civil Judge, Senior Division, Pune, wherein Court below while dealing with grant of unconditional leave to defend has directed the petitioner/defendant to deposit an amount of Rs.10,35,500/-. 4.

The petitioners have informed and have also filed pursis that an amount of Rs.8,00,000/- is already deposited in the Court below.

5.

The amount of Rs.8,00,000/- which is deposited is based BGP.

(16)-WP-4994-21.doc.

on the fact that the pleadings in the plaint depict an amount of Rs.8,00,000/- alleged to have received by the petitioners/ defendants through cheque whereas balance amount is in tact. 6.

Since the amount on cheque as has been alleged can be inferred to have been prima-facie paid to the petitioners/ defendants, the order impugned stands modified to that extent. 7.

As such, conditional leave to defend is granted as the petitioners have already deposited an amount of Rs.8,00,000/- in the Trial Court. The order impugned as such stands modified. 8.

The petition stands disposed of in above terms. [NITIN W. SAMBRE, J.] BGP.