A summary suit was filed for recovery of Rs. 1,32,000 with interest based on a promissory note. The court observed that the defendants were served but the service packet was unclaimed, leading to a decree in favor of the plaintiffs.
Decree granted for recovery of Rs. 1,32,000 with interest at 12% p.a. on Rs. 1 lac.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUMMARY SUIT NO. 1327 OF 2005
AshokKumar V. Pasad .....Plffs.
vs.
Sahadev Vakhuba Jadega .....Defnds.
L.M. Acharya for the plaintiffs.
CORAM: S.U. KAMDAR, J.
DATE : 17TH AUGUST, 2005.
P.C. :.
1. The present suit is filed for the recovery of
sum of Rs.1,32,000/- with further interest on
Rs.1.00 lacs at the rate of 12% p.a. The suit is
based on a promissory note dated 31.5.2002. It is
the case of the plaintiff that inspite of notice
the aforesaid amount was not paid and therefore the
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suit is filed on 31.5.2005. The defendants are
served. Affidavit of service is taken on record.
The said affidavit of service indicates that though
the defendants were served but the packet has come
back has unclaimed. The plaintiff has also filed
the original promissory note which is taken on
record. In view of the aforesaid there shall be
decree in terms of prayer clause (a). Refund of
court fees, if any as per rules.
sd/-
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1 issue framed by the court
Whether a decree for recovery of money claimed in a summary suit based on an unpaid promissory note is maintainable.
Ashok Kumar V. Pasad
Sahadev Vakhuba Jadega
S.U. Kamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court