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Suman Tiwari & Anr. vs Satish Kumar Bansal on 14 July, 2017

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit

impugning the judgment of the trial court dated 10.3.2017 decreeing

the suit filed by the respondent/plaintiff for a sum of Rs.8,70,000/-

along with interest at 8% per annum.

2. The subject suit was filed by the respondent/plaintiff

pleading that he had given on 28.5.2012 a loan of Rs.1 lac to the

appellants/defendants against receipt. It is further pleaded on

25.9.2012, 1.10.2012, 10.1.2013 and 17.2.2013 at the request of the

RFA NO. 615/2017 Page 1 of 7
appellants/defendants once again the respondent/plaintiff gave loans

of Rs.70,000/-, Rs.3,00,000/-, Rs.2,50,000/- and Rs.1,50,000/- against

receipts. Total loan amount is said to be Rs. 8,70,000/-. Since the

appellants/defendants failed to pay the loan amount a legal notice

dated 25.3.2014 was sent through registered AD, which inspite of

service since failed to yield the desired result, the subject suit was

hence filed.

Source: Indian Kanoon

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