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2020 Supreme(Chh) 212

SHARAD KUMAR GUPTA
BADRI PRASAD MISHRA – Appellant
Versus
MOTI SINGH – Respondent


Advocates Appeared:
Shubham Pandey, Advocate, Kishore Bhaduri, Advocate, Sachin Singh Rajput, Advocate, Sharad Mishra, Advocate

JUDGMENT

Sharad Kumar Gupta, J. - Appellant has preferred this appeal against the impugned judgment and decree dated 30.08.2007 passed by 1st Addl. District Judge, Raipur in Civil Suit No. 12-B/2005 whereby and whereunder, he dismissed the suit of appellant.

2. This is admitted by respondent that name, address and other particulars of him and appellant shown in the title of the plaint are true, he is posted at Bajaj Electrical Company Limited, Dungaji Colony Raipur, he and appellant had good relations because they were resident of same colony, appellant had taken his sign on white paper, appellant had sent him a registered notice dated 06.08.1999 through advocate, he had replied the said notice on 24.08.1999.

3. In brief the appellant's case is that on 11.01.1997 respondent had taken loan of Rs.2,00,000/- from him and executed a promissory note. The interest was 2% monthly. He paid him interest till December, 1998. Despite the demand he did not pay the due amount, appellant is money lender.

4. In brief the respondent's case is that except the admitted facts other facts of plaint are denied by him. He had never taken Rs.2,00,000/- as loan from appellant, he had not signed any promiss

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