Gujarat High Court High Court

Special Civil Application No. … vs Mr Maulik J Shelat For The on 29 August, 2011

Gujarat High Court
Special Civil Application No. … vs Mr Maulik J Shelat For The on 29 August, 2011
Author: R.M.Doshit,
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No 15006 of 2003



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     PANKAJ NANUBHAI PATEL
Versus
     AMUBHAI RANCHHODBHAI DESAI
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     Appearance:
     1. Special Civil Application No. 15006 of 2003
          MR NISHITH P THAKKAR for the Petitioner - ABSENT
          MR MAULIK J SHELAT for the Respondent


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               CORAM : HON'BLE MISS JUSTICE R.M.DOSHIT


               Date of Order: 19/03/2004


ORAL ORDER

Learned advocate Mr.Thakkar is not present even
on the second call.

Heard the learned advocate Mr.Shelat.

The petitioner, defendant in Summary Suit
No.2957/2001 pending before the City Civil Court,
Ahmedabad, challenges the order below Summons for
Judgment made on 17th July, 2003.

The respondent – plaintiff has instituted the
above referred Summary Suit No.2957/2001 for recovery of
a sum of Rs.2.50 lakhs on the basis of the promissory
notes executed by the defendant.

In application for leave to defend the defendant
questioned the genuineness of the said promissory notes.
According to the defendant, the defendant had given blank
promissory notes duly signed by him to the son of the
plaintiff. The said blank promissory notes were utilised
by the plaintiff for his personal benefit. The plaintiff
had thus perpetrated fraud upon the defendant.

The learned Judge has found the said defence to
be false and bogus. Nevertheless, the petitioner has been
granted leave to defend on condition that the defendant
deposits a sum of Rs.1 lakh. Feeling aggrieved, the
defendant has preferred the present petition.

No interference is warranted. Petition is
dismissed in limine. Notice is discharged.

( Ms.    R.M.Doshit, J.   )


        /sakkaf