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2011 Supreme(Kar) 601

AJIT J.GUNJAL
G. Basavaraj – Appellant
Versus
H. M. Shivappa Patel – Respondent


Advocates Appeared:
For the Appellant:R. Vijayaprakash, M. Muniraju, Advocates.
For the Respondent:Subramanyan, Satish G Raikar, Advocates.

Judgment :-

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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