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2012 Supreme(Bom) 528

R.D.DHANUKA
Yallava Nagappa Kunchikorve – Appellant
Versus
Kantabai Malli – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Ramesh Jain, Advocate.
For the Defendant:O.S. Kutty, Advocate.

Judgment :

This summary suit is based on the alleged Promissory Note dated 23rd March, 2008 Ex."A" to the plaint. Some of the relevant facts are setout as under :

2. It is the case of the Plaintiff that he is carrying on business of money lending. It is alleged that Defendant had executed the Demand Promissory Note on 23rd March, 2008 for valuable consideration being a sum of Rs.80,000/- received by the Defendants from the Plaintiff against and on the basis of execution and handing over of a Demand Promissory Note. It is the case of the Plaintiff that the Defendant failed to pay the said amount and kept the Plaintiff on false and baseless promises and therefore the Plaintiff through advocate notice dated 24th November, 2008 called upon the Defendant to pay aggregate amount of Rs.80,000/- with interest. It is the case of the Plaintiff that though the Defendant received the notice, neither any reply was given nor was any repayment made to the Plaintiff. Plaintiff, accordingly, filed this suit for recovery of Rs. 94,432.87 ps. with interest on Rs.80,000/- from the date of filing the suit till payment or realisation. The Plaintiff, took out Summons for Judgment bearing No. 173 of 2010.












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