1 mss SS2649 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2649 OF 2009 RAJABAI GANGARAM GADGE .. PLAINTIFF Vs. KATHALLAPPA NARSAPPA .. DEFENDANT Mr. Ramesh Jain for the plaintiff CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. The plaintiff has filed this suit under Order XXXVII of the Code of Civil Procedure, 1908 for recovery of a sum of Rs.80,000/-. The suit is filed on a promissory note whereunder the defendant promised to pay on due date, to the plaintiff or order, at Bombay, the amount of Rs.80,000/- with interest @ 15% per annum. 2. It is stated that the plaintiff is a money lender. She has complied with the relevant provisions and statutory requirements stipulated in the Bombay Money Lenders Act, 1958 as amended from time to time. She has filed the 2 mss SS2649 requisite licence, the form evidencing amount of loan lent and advanced and the extract of the account from the account books maintained in the ordinary and regular course of money lending business. All this would evidence that she has a valid and subsisting licence as a money lender and, therefore, she could have lent and advanced the sum as claimed. 3. After perusing with the assistance of Shri Jain, learned counsel appearing for the plaintiff, the plaint and the annexures thereto, I am satisfied that the suit is maintainable as a summary suit, that the defendant is working within the territorial jurisdiction of this court and that the claim of the plaintiff is not barred by the law of limitation. The writ of summons is duly served as is clear from the acknowledgment. It is clear that the defendant has put his thumb impression on the promissory note and has also received the sum lent and advanced. It is in such circumstances that it can be concluded that there is no dispute or denial of the plaintiff’s claim in this suit. The writ of summons is taken on record and marked “X” for identification. The original documents are marked “X-1 collectively”. 4. There will be a decree as prayed. Refund of court fees shall be granted as per rules. Advocate’s cost also will be computed as per the rule. Decree be drawn up accordingly. 3 mss SS2649 5. All concerned to act on authenticated copy of this order. (S. C. DHARMADHIKARI, J.)