IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI ON THE 2^nd OF FEBRUARY, 2026 SECOND APPEAL No. 311 of 2025 VIJAY Versus MUKESH S/O GULABCHANDRA JAISWAL THROGUH LRS SMT SAPANA AND OTHERS Appearance:

Shri Prakash Chandra Shrivas, learned counsel for the appellant.

ORDER This is an appeal by the defendant against the concurrent finding of facts recorded by the trial court in judgment and decree dated 07.08.2023 passed in civil suit No.B/9/19 and affirmed vide judgment dated 23.10.2024 in Regular Civil appeal No.14/2023.

2. The facts of the case are that the plaintiff-Mukesh filed a suit for money recovery along with interest. It was stated in the plaint that the appellant/defendant and the original plaintiff were of the same cast and were having cordial relations. The defendant had applied for liquor contract for the year 2016-2017 which was for the period of 01.04.2016 to 31.03.2017 and for the deposit of amount of auction he had taken loan of Rs.5 Lacs @ 2% per month from the plaintiff.

3. As per the assurance given by the defendant/appellant, the plaintiff had advanced a loan of Rs.5 lacs on 28.03.2016 through demand draft of the said amou