YALLAVA NAGAPPA KUNCHIKORVE Vs. KANTABAI MALLI

JUDGEMENT

(1.) This summary suit is based on the alleged Promissory Note dated 23 rd March, 2008 Ex."A" to the plaint. Some of the relevant facts are setout as under :

(2.) It is the case of the Plaintiff that he is carrying on business of money lending. It is alleged that Defendant had executed the Demand Promissory Note on 23 rd March, 2008 for valuable consideration being a sum of Rs.80,000/ received by the Defendants from the Plaintiff against and on the basis of execution and handing over of a Demand Promissory Note. It is the case of the Plaintiff that the Defendant failed to pay the said amount and kept the Plaintiff on false and baseless promises and therefore the Plaintiff through advocate notice dated 24 th November, 2008 called upon the Defendant to pay aggregate amount of Rs.80,000/ with interest. It is the case of the Plaintiff that though the Defendant received the notice, neither any reply was given nor was any repayment made to the Plaintiff. Plaintiff, accordingly, filed this suit for recovery of Rs. 94,432.87 ps. with interest on Rs.80,000/ from the date of filing the suit till payment or realisation. The Plaintiff, took out Summons for Judgment bearing No. 173 of 2010.

(3.) In response to the Summons for Judgment, the Defendant filed her affidavit in reply. It is the case of the defendant that summary suit procedure is not applicable to this suit as admittedly the provisions of Bombay Money Lenders Act, 1946 applies to this suit and since it is hit by the provisions of Bombay Money Lenders Act 1946, the defendant is entitled to unconditional leave.