In a summary suit, the court heard the plaintiff tender an affidavit proving service of summons and established admitted liability via dishonoured cheques. The court granted a decree as prayed along with refund of court fee and advocates' costs.
Decree as prayed, refund of court fee and computation of advocates' costs as per rules.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.352 OF 2004
Kanji Ramji Kacha Plaintiff
versus
Pravinchandra M. Kanani Defendant
Sualeh Nagvadaria for plaintiff.
None for defendant.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 4th July 2005
PC :
1. Heard Mr.Nagvadaria for the plaintiff. He
tenders affidavit proving service of the writ of
summons on the defendant. The said affidavit
points out that the packet containing writ of
summons was duly dispatched by the Sheriff of
Mumbai and postal authorities have informed that
it was not claimed by the defendant. Thereupon,
intimation was sent by the postal authorities as
evidenced by the endorsement on the packet.
Thus, the writ of summons has duly been served.
2. Mr.Nagvadaria contends that the plaintiff had
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advanced an amount of Rs.50,000/- and a
promissory note was executed by defendant on 17th
December 1998.
3. The defendant forwarded three cheques on 17th
December 2001 acknowledging the liability to the
plaintiff as per the promissory note. As these
cheques have been dishonoured on presentation,
present summary suit is filed on the basis of the
promissory note and also on the basis of the
admitted liability and dishonoured cheques. It
is maintainable as a summary suit. The claim is
not barred by limitation in the light of
averments contained in paras 5 and 13 of the
plaint. There is no defence to the claim.
4. In the light of the above, decree as prayed.
Refund of court fee and computation of advocates’
costs as per rules.
(S.C.DHARMADHIKARI, J.)
1 issue framed by the court
Whether the plaintiff is entitled to a decree based on the promissory note and dishonoured cheques in a summary suit.
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court