Disposed

Dr.Anil B.Ghagare v. Pradeep S.Shede

Bombay HC5 Oct 2004SJ/301/2003

Case brief

AI extract

What is this about?

The court considered a defence that the plaintiff was a money lender under the Bombay Money Lender's Act. Rejecting the defence due to lack of evidence regarding similar transactions with others in the society, the court granted conditional leave to defend upon a deposit of the stated sum.

What did the court decide?

Conditional leave to defend granted upon deposit of Rs. 4,75,00/- within 8 weeks; main defence rejected.

Dr.Anil B.Ghagare Vs Pradeep S.Shede — Bombay HC (2004) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 SUMMONS FOR JUDGMENT NO.301 OF 2003

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IN

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 SUMMARY SUIT NO.4104 OF 2002

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 Dr.Anil Bhaskar Ghagare. .. Plaintiff.

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 v/s.

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 Pradeep Shankar Shede. .. Defendent.

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 Shri S.D.Mogre, advocate for the plaintiff.

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 Shri A.S.Khandeparkar, advocate for defendant.

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CORAM: D.G.DESHPANDE, J.

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DATE : 5TH OCTOBER, 2004

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P.C. :-

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 1. Heard advocates for the plaintiff and defendant.

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 Reply is filed today. Same is taken on record. The
 main defence of the defendant is that plaintiff is money
 lender and hence comes under the provisions of Bombay
 Money Lender’s Act. I do not find any merit in this
 defence. No instances of the plaintiff having similar
 transactions with others in the society have been
 quoted. If loan is given to the defendant on different

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 occasions by different promissory notes, it cannot be
 only held on that basis that the plaintiff is money
 lender. Therefore, conditional leave to defend is

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 granted to the defendant upon depositing Rs.4,75,000/-
 within 8 weeks. The Summons for Judgment is disposed of
 accordingly. The suit is transferred to the commercial
 cause. Certified copy expedited.

Dr.Anil B.Ghagare v. Pradeep S.Shede

Case brief

What is this about?

What did the court decide?

Dr.Anil B.Ghagare v. Pradeep S.Shede

Case brief

What is this about?

What did the court decide?

What the court decided

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