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2023 Supreme(Bom) 209

ARIF S. DOCTOR
Aslam Shaikh – Appellant
Versus
Dinesh Shishupal Punia – Respondent


Advocates:
Counsel for Appearing Parties
Sarosh Bharucha, Advocate, Ameet Mehta, Advocate, Nirav Marjadi, Advocate, Srushti Mehta, Advocate, Nikita Deora, Advocate, Riya Chauhan, Advocate, Rushabh Vidyarthi, Advocate, Hemant Ghadigaonkar, Advocate, Pallavi Chatterjee, Advocate

JUDGMENT

Arif S. Doctor, J. - The present Summary Suit seeks recovery of an amount of Rs.4,00,00,000/- alongwith interest at the rate of 9% per annum based upon a Settlement Agreement dated 21st September, 2021 ('the said Agreement').

Facts Briefly Stated

2. It is the Plaintiffs' case that they (husband and wife) had lent and advanced monies to the Defendant and the Defendant's wife (one Manisha Punia) over a period of time commencing from the year 2016. The Plaint sets out that the Plaintiffs and the Defendant and his wife resided in the same building and were on friendly terms. The Defendant and his wife were in dire need of funds and had thus approached the Plaintiffs for financial help. It was pursuant to this that the Plaintiffs lent and advanced the following amounts to the Defendant and the Defendant's wife (Manisha Punia), viz.

    i. Plaintiff No.1 lent and advanced an amount of Rs.98,50,000/-through 6 separate cheque/RTGS transactions to the Defendant's wife (Manisha Punia).

    ii. Plaintiff No. 2 lent and advanced an amount of Rs.1,36,50,000/-through 7 separate cheque/RTGS transactions to the Defendant's wife (Manisha Punia).

    iii. Plaintiffs lent and advanced to the Defendant and his

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