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Issues involved: Alleged default on a Promissory Note, applicability of Bombay Money Lenders Act, limitation period, authenticity of signature on the Promissory Note, compliance with Money Lenders Act provisions.
Alleged default on Promissory Note: - Plaintiff filed a summary suit for recovery of Rs. 94,432.87 with interest based on a Promissory Note dated 23rd March, 2008. - Plaintiff claimed that Defendant failed to repay the sum of Rs. 80,000 as per the Promissory Note despite receiving a notice demanding payment. - Defendant denied any transaction with the Plaintiff, alleging the Promissory Note was forged and no notice was received. - Court considered the conflicting claims and found disputed questions of facts, granting Defendant unconditional leave to defend the suit. Applicability of Bombay Money Lenders Act: - Defendant argued that the suit is not applicable for summary procedure due to the Bombay Money Lenders Act, 1946. - Court referred to previous judgments and held that if the Money Lenders Act applies to a suit filed under Order XXXVII, unconditional leave must be given to the Defendant. - Both parties presented arguments on the applicability of the Act, with Defendant ultimately granted unconditional leave to defend the suit. Limitation period and authenticity of signature: - Defendant contended that the suit was barred by limitation and disputed her signature on the Promissory Note. - Plaintiff claimed to have served a notice demanding payment, which Defendant denied receiving. - Court noted the conflicting claims regarding the authenticity of the signature and the notice, concluding that triable issues were raised by the Defendant. Compliance with Money Lenders Act provisions: - Plaintiff argued compliance with Money Lenders Act provisions, while Defendant raised concerns about non-compliance. - Court examined the arguments and found that the provisions of the Act had been complied with, allowing the Defendant to defend the suit on the grounds raised. - Defendant directed to file a Written Statement within four weeks, and the suit was transferred to the list of Commercial Causes for further proceedings.
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