R. Banumathi, J. - (1.) Leave granted.
(2.) This appeal arises out of the order dated 22.02.2019 passed by the High Court of Judicature at Bombay in Writ Petition No. 12646 of 2016 in and by which the High Court has affirmed the order of the Trial Court granting conditional leave to the appellants to defend the Summary Suit on condition that the appellants-defendant are to deposit the amount of Rs.24,85,000/-(Rupees twenty four lakhs eighty five thousand).
(3.) The brief facts which led to the filing of the appeal are as under: The respondent-plaintiff offered to purchase the catering business of the appellants and the appellants business was sold to the respondent for a consideration of Rs. 45,00,000/- (Rupees forty five lakhs) and with an employment to appellant no. 2 with a salary of Rs.1,10,000/- (Rupees one lakh ten thousand) per month. The parties have entered into an agreement on 29th November, 2008. The respondent is said to have paid Rs.24,85,000/- (Rupees twenty four lakhs eighty five thousand) to the appellants in cash. For the balance amount of Rs. 20,00,000/- (Rupees twenty lakhs), the respondent-plaintiff issued three post-dated cheques in favour of the appellants. The appellants are also said to have executed Promissory Note on 27.03.2009 in favour of the respondent; the appellants are, however, disputing the execution of the promissory note and contends that the said promissory note is forged one. Based upon clause 9 of the agreement, the respondent has filed the suit for recovery of Rs.24,51,703/- alleging that the business is not performing well and, therefore, the appellants will have to refund the investment or payment made by the respondent-plaintiff.;