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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 446 of 2007

PETITIONER:

PREM LALA NAHATA & ANR

RESPONDENT:

CHANDI PRASAD SIKARIA

DATE OF JUDGMENT: 02/02/2007

BENCH:

S.B. SINHA & P.K. BALASUBRAMANYAN

JUDGMENT:

J U D G M E N T

(Arising out of SLP(C) No.23272 of 2005)

P.K. BALASUBRAMANYAN, J.

Leave granted.

1. The appellants are the plaintiffs in C.S. No. 29 of

2003 filed on the original side of the Calcutta High Court.

They are mother and daughter. They together sued the

respondent, the defendant, for recovery of sums allegedly

due to them from him. Appellant No.1 sought recovery of

a sum of Rs. 10,93,863/- with interest thereon and

appellant No. 2 sought recovery of a sum of

Rs.10,90,849/- with interest. Their claims were based on

transactions they allegedly had with the respondent

herein, through Mahendra Kumar Nahata, the husband of

appellant No.1 and father of appellant No.2. In essence,

the claim of appellant No. 1 was that a sum of Rs. 5 lakhs

had been lent by her to the respondent and the same had

not been repaid and the same was liable to be repaid with

interest and damages. The case of ap