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2003 Supreme(Bom) 1088

D.G.KARNIK
J. G. Hegde – Appellant
Versus
R. D. Shukla – Respondent


JUDGMENT - KARNIK D.G., J.:---Heard the learned Counsel.

2. The plaintiff has taken out this summons for judgment in the suit filed by him for recovery of a sum of Rs. 2,18,000/- allegedly advanced by him to the defendant as a friendly loan together with interest thereon at 15% p.a. amounting to Rs. 98,000/-. In the plaint, the plaintiff has stated that he is a Doctor by profession and is a social worker and a member of the Congress Party. He knew the defendant who was also a worker of the Congress Party. The defendant was carrying on business in partnership in the name and style of M/s. Shivam Garments, and represented to the plaintiff that he had suffered losses in the partnership business and requested for a friendly loan for discharging his liabilities and paying of the share of his partner. The plaintiff took pity on the defendant and advanced him a friendly loan of Rs. 2,18,000/- which the defendant promised to repay with interest at 15% p.a. within a period of three years. The defendant has executed a writing styled as "Affidavit cum Indemnity Bond" dated 27th April, 1996 duly affirmed before a Notary (Mr. D.J. Khatri) admitting his liability to repay Rs. 2,18,000/- with inte






























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