1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1880 OF 2009 Premchand Gularchandji. ... Plaintiff. V/s. Jaisingh H. Rathod. ... Defendant. Mr. Ramesh Jain for the Plaintiff. None for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 22nd SEPTEMBER 2009. P.C. :- This is a Summary Suit on the basis of a on demand Promissory Note dated 2nd February 2009 under which the Defendant has confirmed that he has received a sum of Rs. 60,000/- from the Plaintiff. He is liable to refund and/or pay the sum with interest. Upon presentation, the Plaintiff failed to pay the amount and ultimately, a notice through an Advocate was forwarded. The same has been duly received and despite receipt, no payment has been made. The Plaintiff and Defendant are residing at Mumbai. The claim is not barred by limitation. Since the Suit is based upon a promissory note, requirement under Order XXXVII of C.P.C. has been complied with. 2. The original documents including the licence issued under the Bombay Money Lender's Act, 1958, stated to be 2 valid upto 31st July 2009 have been filed. The Suit has been filed within the period of the licence. In such circumstances, the original documents are taken on record and marked 'P' collectively. 3. The Suit is decreed as prayed as there is no denial of the liability. The Defendant has failed to enter appearance after receipt of the Suit Summons and related papers. Refund of Court fees, as per Rules. Advocate's costs to be computed as per Rules. 4. Office to issue Minutes of the Order and let the execution proceed on that basis. (S.C. DHARMADHIKARI,J.)