BOMBAY HIGH COURT
, J
Harikumar Radhakisan v. Uderam Ramkuwar Firm by owners Ramkuwar Uderam
| Table of Content |
|---|
| 1. nature of claims in deposit recovery based on agreements. (Para 1 , 2) |
| 2. implications of insolvency on legal actions and validity of claims. (Para 4 , 8 , 10 , 12) |
| 3. issues of time limitation affecting recovery suits. (Para 6 , 15) |
| 4. requirement of money lending license for enforceability of claims. (Para 16) |
1. I am disposing of both these appeals by a common judgment because the common questions of law and also the similar facts have to be dealt with in these two appeals. The plaintiff in both these suits which are the subject - matters of these two appeals is the same although the defendants are different. Both these appeals are by the plaintiff against the judgment and decree passed by the District Judge, Amravati, dismising the plaintiff's suits by confirming the decree of the Trial Court. These suits by the plaintiff are for the recovery of certain sums with interest on account of deposit with the defendants. In Appeal No. 313 of 1962, before me, the suit is for the recovery of a sum of Rupees 977-3-0 with interest. The suit is for the recovery of Rs. 2600/- with interest in the Appeal No. 315 of 1962. The plaintiff, in the suit which is the subject - matter
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