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ABHAY M.NAIK
Radhyshyam Mishra – Appellant
Versus
Premnarayan Sharma – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Shri H.D. Gupta, Sr. Advocate with Shri Santosh Agrawal, Advocate.
For the Respondent:Shri S.S. Bansal, Advocate with Shri Amit Bansal, Advocate.

JUDGMENT

Abhay M. Naik, J.—This appeal has been preferred by the defendant/appellant against a money decree granted against him by the Trial Court for a sum of Rs.l,55,000 with interest from the date of suit @ 9% p.a.

2. Plaintiff instituted a suit against defendant with allegations that the defendant acknowledged on 10.07.1993 to have received Rs.1,55,000 from the plaintiff vide written agreement. Money was repayable in monthly installments of Rs.1,000 with an agreement that on receipt of payment from the GPF, he would refund the entire money. Defendant is employee of police department. He did not make payment of installment, but assured that he would return the entire money on receipt of money from the head of GPF. Plaintiff made a complaint on 14.9.1993 to the Deputy Inspector General of Police in writing. Plaintiff was asked to institute civil suit, hence the same for recovery of Rs.1,55,000 towards principal amount plus Rs.45,390 towards interest, after issuing notice dated 18.8.1994 by registered A/D.

3. Defendant/appellant submitted his written statement denying inter alia the claim of the plaintiff. He denied to have borrowed any amount from the plaintiff. Execution of the all






























































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