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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

SECOND APPEAL NO. 992 OF 2006

WITH

CIVIL APPLICATION NO. 11395 OF 2006

Rajendra Kulkarni,

Age Major, Occu. Business,

R/o. "Madhubal", Nageshwarwadi,

Aurangabad.

....Appellant.

Versus

M/s. Tajir, Tilak Path,

Aurangabad, through its

Partner, Shri. Parves Hussain

s/o. Shabbar Hussain Yeolawala.

....Respondent.

Shri. S.V. Adwant, Advocate for the appellant.

CORAM :

K.U. CHANDIWAL J.

DATE :

7th May, 2010

ORAL ORDER :

1.

Heard Mr. Adwant extensively. He chased his

points, taking recourse to sections, 55, 73 of the

Contract Act, Order 30, Rule 1 of C.P.C. also Order 7,

Rule 11 thereof. He criticized the judgment on the

factum of award of interest.

2.

A suit for recovery against the defendant

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resulted in decree by the learned Court of first

instance with future interest at the rate of 18% per

annum, challenged the same before the First Appellate

Court by the defendant, resulted in reducing the

inter-se interest to 6%, however the post decreetal

interest remained unaltered. The findings are

questioned by the unsuccessful defendant i