Surendra Singh M. Gujra Vs Vasant Krishna Surve

Defendant was served with the writ of summons and a true copy of the plaint on 9/5/2008. Plaintiff has filed an affidavit of service dated 24^th June, 2008. The said affidavit of service is taken on record and marked as Exhibit-A. Though a period of 10 days has expired on 19/5/2008, the defendant has not filed his appearance. Plaintiff has filed a list of documents alongwith the documents viz. Promissory Note dated 25/10/2006, plaintiff's advocate's letter dated 9/2/2007, Money Lender Licence, Forms under Bombay Money Lending Act and the Books of Accounts. The said list alongwith the documents is taken on record and marked as Exhibit-B Collectively.

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In view of the provisions of Order XXXVII Rule 3(6) (a) of the Code of Civil Procedure, 1908 the plaintiff is entitled to judgment and decree.

Accordingly, suit is decreed and defendant is directed to pay to the plaintiff an amount of Rs 57,996.98 ps with further interest on the amount of Rs 45,000/- @ Rs 11% per annum from the date of filing of the suit till payment or realization.

Suit is accordingly disposed of in the aforesaid terms. Refund of court fees be paid in accordance with the rules.

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Surendra Singh M. Gujra v. Vasant Krishna Surve