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2003 Supreme(Bom) 389

A.P.SHAH, D.K.DESHMUKH
Ajcon Capital Markets Ltd – Appellant
Versus
Maya Rasayan Ltd. – Respondent


JUDGMENT - DESHMUKH D.K., J.:---By this appeal, the original defendants in Summary Suit No. 5307 of 1999 challenge the order dated 4th June, 2002 passed by the learned Single Judge of this Court in Summons for Judgment No. 294 of 2000. The respondents/plaintiffs filed Summary Suit No. 5307 of 1999. The case of the plaintiffs was that the plaintiffs have given to the defendants as intercorporate loan a sum of Rs. 25,00,000/- for a period of two months. According to the plaintiffs, the agreed rate of interest was 27% p.a. Certain shares were also pledged by the defendants with the plaintiffs. The defendants also executed a demand promissory note dated 1st November, 1995. The amount of Rs. 25,00,000/- was paid by the plaintiffs to the defendants by a cheque dated 3rd November, 1995. According to the plaintiffs, in the month of January 1996, the defendants issued two cheques in favour of the plaintiffs for repayment of the loan dated 16th January, 1996 and 25th January, 1996, but both the cheques were dishonoured. Thereafter, according to the plaintiffs, the defendants requested for renewal of the loan as they were not in a position to repay the amount. The loan was renewed and therefo




























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