In a summons for judgment based on a promissory note, the High Court of Bombay deemed service sufficient due to an unclaimed envelope and the filing of original documents, declaring the suit decreed with interest and costs.
Suit decreed with 12% interest from the date of suit till realization and costs. Permissible court fee refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.289 OF 2003
IN
SUMMARY SUIT NO.441 OF 2003
M/s. Maganlal Poonamji. .. Plaintiffs.
v/s.
Bharati Embrodiery .. Defendents.
Shri Sunil Patel i/b Shantilal & Co. for plaintiffs.
CORAM: D.G.DESHPANDE, J.
DATE : 5TH OCTOBER, 2004
P.C. :-
1. Heard advocate for the plaintiffs. He has filed
affidavit of service. Defendants were served by RPAD.
Envelop was returned with remark "unclaimed". This is
sufficient service. Plaintiff has also filed original
documents. Suit is based on promissory note. Original
Promissory note is filed. Notice was given to the
defendant before filing the suit. There was no reply.
Summons for Judgment is made absolute. The suit stands
decreed as prayed with 12% interest from the date of
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suit till realisation and costs. Permissible court fee
be refunded to the plaintiff as per rules. Summons for
Judgment is disposed of. Certified copy expedited.
Permission is granted to the plaintiff to take back the
original documents by substituting xerox copy of the
same after the appeal period is over.
D.G. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court