:1:

IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

O.O.C.J.

O.O.C.J.

CHAMBER

CHAMBER

CHAMBER SUMMONS NO.1588 OF 2006

SUMMONS NO.1588 OF 2006

SUMMONS NO.1588 OF 2006

IN

IN

IN

SUIT

SUIT

SUIT N0. 966 OF 2006

N0. 966 OF 2006

N0. 966 OF 2006

Smt. Chhaya C. Ghone.

... Plaintiff.

V/s.

Shri Kailash Dashrath Borhade.

... Defendant.

....

Mr. S.A. Sawant for the Plaintiff.

Mr. C.S. Balsara with Ms. Yogini Gada i/b. M/s.

Harakhchand & Co. for the Defendant.

.....

CORAM

CORAM

CORAM : SMT. ROSHAN DALVI, J.

: SMT. ROSHAN DALVI, J.

: SMT. ROSHAN DALVI, J.

DATE

DATE

DATE : 9TH FEBRUARY 2007.

: 9TH FEBRUARY 2007.

: 9TH FEBRUARY 2007.

P.C.

P.C.

P.C. : :

:

1.

The suit is filed on a promissory note dated

1.7.2003

drawn

by

the

Defendant

showing

the

consideration

of

Rs.1,30,000/-

which

is

presumed

to

have

passed

to

the

Defendant.

The

promissory

note

was

an

inchoate

document

at

the

time

of

filing

the

suit.

The

suit

is

filed

by

the

Plaintiff

on

the

footing

that

the

co