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2024 Supreme(Online)(GUJ) 18723

HIGH COURT OF GUJARAT
HONOURABLE MS. JUSTICE GITA GOPI
ASHISH PRAVINBHAI AND CO. THROUGH ITS PROPRIETOR PATEL PRAVINBHAI BABALDAS – Appellant
Versus
SOMABHAI SHANKERDAS PATEL FIRM THROUGH ITS PROPRIETOR PATEL VINESHBHAI JAYNTILAL – Respondent


ORAL ORDER

1. The second appeal is preferred by the appellant – plaintiff of Special Civil Suit No.3 of 2019 before the learned Principal Senior Civil Judge, Unjha for recovery of an amount of Rs.16,05,660/-. The plaintiff before the learned trial Court had stated that he is having a firm as a commission agent and defendant No.2 too is a commission agent who is his distant nephew. For the purpose of business often they would inter se lend money. It was stated by the plaintiff that the defendant had borrowed amount from him at regular intervals and till April

2018, the amount borrowed was Rs.10,00,000/- and thereafter on 29.5.2018, Rs.5,00,000/- was given to him by way of cheque in form of hand loan and for demanding the same, a legal notice was issued on 9.1.2019. The plaintiff on the total demanded amount of Rs.15,00,000/-, had made a claim of interest amount of Rs.1,05,660/- for the amount of Rs.10,00,000/- for the period between 1.4.2018 to 31.1.2019 and from 29.5.2018 to

31.1.2019.

2. Learned advocate Mr. Mahesh Bhavsar for the appellant submitted that the learned trial Court on consideration of the evidence of the plaintiff has granted an amount of Rs.5,00,000/- @ 6% interest by

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