Judgment :-

S.B. Sinha J.

Leave granted.

Defendants in a suit for recovery for a sum of Rs. 2,66,39,028/- are before us aggrieved by and dissatisfied with a judgment and order dated 08.05.2009 passed by the High Court of Judicature at Bombay in Writ Petition No. 8234 of 2008.

Respondent herein filed the aforementioned suit inter alia on the premise that the cheques issued by the appellants herein for the said amounts, when presented to the bank stood dishonoured. The suit was filed in terms of Order XXXVII of the Code of Civil Procedure.

Appellants filed an application praying for leave to defend in the said suit. The learned trial judge framed the following question for its consideration.

"Whether prima facie triable issue exists in defendants favour for granting leave to defend? If yes, whether conditional or unconditional?"

In a very detailed judgment, it was opined that for all intent and purpose the defendants-appellants have no defence. The learned trial judge rejected a contention raised on behalf of the defendants even with regard to maintainability of account as a summary suit. It was opined:-

"Further more apart from the cheques in question there are statements of accounts