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2007 Supreme(Del) 2388

MANMOHAN, SARIN, SUDERSHAN KUMAR MISRA
Neeraj Jain – Appellant
Versus
Bharat Kothari – Respondent


Advocates Appeared:
Mr. G.D. Gandhi, Advocate
Mr. Ashok Chhabra, Advocate

Manmohan Sarin, J.

1.This Regular First Appeal has been preferred against the judgment passed by the court of Shri Lal Singh, Additional District Judge, Delhi on 30th November 2006. Learned Judge decreed the suit for a sum of Rs. 3,17,240/- along with cost and interest @ 6% per annum from the date of institution of suit till the realization of decretal amount in favour of respondents. Trial Court Record was called for on 20.2.2007 which was received. Before we notice the grounds of challenge and submissions of the appellant, it would be appropriate to set out in brief the facts culminating in the filing of the suit and passing of the impugned order. i) Respondent gave a temporary loan of Rs. 1,75,000/-(Rs. One lac seventy five thousand) to the appellant on 28.11.96. Respondents wife who is also the attorney of the respondent further gave a loan of Rs. 1,25,000/- on the request of appellant. Respondent claims that it was verbally agreed that appellant would pay interest @ 36% per annum to the respondent and also return the temporary loan amount on or before 1.3.98. ii) Respondent claims that appellant returned a sum of Rs.1,75,000/- in March 1997. Appellant issued a cheque of Rs.









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