The court dismissed the summons for judgment in a summary suit filed on a promissory note. The Court held the suit was not maintainable as a summary suit because it was based on an overdraft facility on a running account, with claim made only at the foot of the account.
summons for judgment dismissed; unconditional leave to defend granted
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
O.O.C.J.
SUMMONS FOR JUDGMENT NO. 498 OF 2001
IN
SUMMARY SUIT NO. 3995 OF 2000
Bank of India .....Plffs.
vs.
M/s. Associated Constructions
and Ors. .....Defnds.
Ms. S.L. Noronha for the plaintiffs.
CORAM: S.U. KAMDAR, J.
DATE : 17TH AUGUST, 2005.
P.C. :.
1. The present summons for Judgment is taken out
against the defendants on the basis of a bill of
exchange drawn for a sum of Rs.2,12,911/-, The suit
is based on a demand promissory note which is Ex.A
for sum of Rs. 3.00 lacs due and payable with
interest at the rate of 19% p.a. Though the
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promissory note is annexed as Ex.A but from the
perusal it seems that the suit is filed in respect
of the over draft facility on the basis of running
account. The promissory note is for Rs.3.00 lacs.
The claim in the present suit is made only for
Rs.1,10,386.50/-, Learned counsel for the plaintiff
states that it is so because the amount is claimed
at the foot of the account. In view thereof the
suit is not maintainable as Summary Suit. Summons
for Judgment dismissed. Unconditional leave to
defend is granted.
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1 issue framed by the court
Whether the present suit maintainable as a summary suit displaying an overdraft facility on a running account claim only on foot of the account
Bank of India
M/s. Associated Constructions and Ors.
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court