AJIT J.GUNJAL
G. Basavaraj – Appellant
Versus
H. M. Shivappa Patel – Respondent
1. Even though the appeal is listed for admission, with consent, it is taken for final disposal.
2. The appeal is admitted to consider the following substantial question of law:
(i) Whether the judgment and decree of Appellate Court is vitiated for not meeting the reasoning given by Trial Court?
(ii) Whether the Appellate Court was justified in awarding interest @ 18% on the decreetal amount in the absence of any contract?
3. The facts necessary for the disposal of this appeal can be summarized as follows:
4. During the course of the judgment parties will be referred to as per their ranking before the Trial Court.
5. The plaintiff files a suit for recovery of Rs.25,000/- with interest at the rate of 18% from 5.3.1992 to 5.3.1995. Thus, the total amount recoverable by the plaintiff would be Rs.38,500/-. The plaintiff would aver that defendant had borrowed a sum of Rs.25,000/-as a hand loan from the plaintiff in the month of November 1991 promising to repay the same within a period of three months. Since, the defendant was closely known to the plaintiff he obliged and paid the above said amount. In order to show his good gesture defendant issued a post dated cheque dat
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