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2023 Supreme(Chh) 88

GOUTAM BHADURI, N. K. CHANDRAVANSHI
G. K. Developers (Registered Partnership Firm) – Appellant
Versus
Purnima W/o Shri C. P. Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Arvind Shrivastava, Advocate
For the Respondent:Shri Prafull N. Bharat, Sr. Adv. Along with Shri Harshal Chauhan, Advocate

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal is against the judgment and decree dated 25/01/2018 passed by the 5th Additional District Judge, Raipur in Civil Suit No.24B/13, whereby the suit filed by the respondent was decreed for Rs.10 Lakhs along with interest @ 6% p.a. from 08/03/2013.

2. The defendant being aggrieved by such judgment and decree has filed this appeal.

3. The plaintiff Smt. Purnima filed a suit on the ground that a joint account was opened by her mother Indurani Dhadda & father B.L. Dhadda on 04/02/2011 at Bank of Baroda, Raipur. The account was to be operated by either of the account holder. Plaintiff further stated that the defendant firm through his partner Suresh Atlani requested for a loan from plaintiff of Rs.10 Lakh on 17/02/2011. It was further stated that defendant agreed to pay an interest @ 18% p.a. Accordingly, an amount of Rs.10 Lakhs by way of loan was advanced to Suresh Atlani and in the said cheque the joint account holder Smt. Indurani Dhadda had signed it and after receipt of the money a promissory note of 17/02/2011 was executed by Suresh Atlani in favour of Smt. Indurani Dhadda.

4. The plaintiff contended that on two occasions i.e. on

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