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of <h1>Defendant granted leave to defend suit over Promissory Note dispute under Bombay Money Lenders Act.</h1> <h3>Yallava Nagappa Kunchikorve Versus Kantabai Malli</h3> The court granted the Defendant unconditional leave to defend the suit due to conflicting claims regarding the alleged default on a Promissory Note and ... - 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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