Prashant S/O. Ishwar Giri v. Krishnarao S/O. Sampatrao Padole

1101sa312.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.312 of 2015 (Prashant s/o Ishwar Giri v. Krishnarao s/o Sampatrao Padole) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Prasad Abhyankar, Advocate for Appellant. Coram : R.K. Deshpande, J.

Date : 11 th January, 2017 The suit for recovery of money was decreed by the Trial Court, and the lower Appellate Court has dismissed the appeal. Hence, the defendant/judgment-debtor is before this Court in this second appeal.

The Courts below have accepted the claim for awarding 36% interest on the decretal amount on the basis of the agreement. The decree passed by the Trial Court is ex parte, and there is no reason putforth for challenging such a decree. The rate of 36% was agreed as a contractual rate, about which there is no dispute.

No substantial question of law arises. The second appeal is dismissed.

Judge.

Lanjewar