NEEBHA KAPOOR Vs. JAYANTILAL KHANDWALA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant herein questions a judgment and order dated 13.02.2007 passed by a learned Single Judge of the Bombay High Court granting unconditional leave to defend in a summary suit wherein summons for judgment had been taken out.

(3.) Appellant filed the aforementioned suit for recovery of a sum of Rs. 25,00,000/ - with interest, which amount he is said to have advanced to the respondents by a cheque. Respondents allegedly executed a promissory note for the said amount. An amount of Rs. 5,27,293/ - was said to have been repaid by way of interest. A certificate of deduction of tax at source under Section 203 of the Income Tax Act, 1961 for the amount of tax deducted is said to have been issued to the appellant. A post dated cheque for Rs. 25,00,000/ - was also given. Respondents also allegedly issued the following cheques towards payment of interest accrued, the details whereof are as under: <FRM>JUDGEMENT_89_TLPRE0_20081.htm</FRM>