Dismissed¶16

M/S Sai Auto Agencies Thr. Its Partner Shri Dnyandeo Ramdas Rane v. Smt. Swati Vijay Deshmukh

Bombay HC22 Sept 2025SA/64/2023

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench; Second Appeal No. 64/2023; Rohit W. Joshi, J.; decided 22/09/2025; M/s Sai Auto Agencies v. Swati Vijay Deshmukh; suit for recovery of money; concurrent findings of fact; reappreciation of evidence not permissible in second appeal; no substantial question of law; 'Vinanti Arj' (Request Letter) 13/11/2005; 'Usanwar Chitthi' (Hand loan Letter) 15/11/2005; cheque 15/02/2006; tractor down payment; bank finance; PW 2 bank witness; books of account not produced; appeal dismissed, no order as to costs.

What did the court decide?

Both learned Courts have concurrently held that the plaintiff could not prove that the husband of the defendant had signed the loan documents relied upon in the suit. ¶16

M/S Sai Auto Agencies Thr. Its Partner Shri Dnyandeo Ramdas Rane Vs Smt. Swati Vijay Deshmukh — Bombay HC (2025) — LawSathi Research

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SA 64 of 2023.odt

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2025:BHC-NAG:9582

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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SECOND APPEAL NO.64/2023

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M/s Sai Auto Agencies Through its Partner Shri Dnyandeo Ramdas Rane ...Versus…

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Smt. Swati Vijay Deshmukh

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- - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders

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Mr. N.S. Badhe and Mr. Ritesh Badhe, Advocates for appellant

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CORAM : ROHIT W. JOSHI, J. DATE : 22/09/2025

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The second appeal is preferred by the original plaintiff, who is aggrieved by the dismissal of suit for recovery filed by him against the defendant. The judgment and decree dismissing the suit is confirmed by the learned first appellate Court.

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The case of the plaintiff is that husband of defendant had purchased a tractor from it. It is stated that the tractor was purchased on bank finance and that the husband of plaintiff was in need of Rs.1,45,000/- for making down payment. According to plaintiff this amount of Rs.1,45,000/was advanced by it to the husband of defendant. The case of the plaintiff is based on two documents titled as “Vinanti Arj” (Request Letter) dated 13/11/2005 and “Usanwar Chitthi” (Hand loan Letter) dated 15/11/2005 as also cheque dated 15/02/2006. These documents are purportedly signed by the husband of defendant.

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SA 64 of 2023.odt

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Both the learned Courts have concurrently held that the plaintiff could not prove that husband of defendant had signed the said documents. The learned trial Court has also recorded that bank witness who was examined as PW 2 did not depose that sum of Rs.1,45,000/- was received towards down payment. The learned first appellate Court has also recorded that the plaintiff did not produce books of account to demonstrate entry of Rs.1,45,000/- allegedly advanced to the husband of defendant. All these findings are findings of facts recorded by both the learned Courts concurrently. Reappreciation of evidence is not permissible in second appeal. No substantial question of law arises for consideration. The second appeal is dismissed. No order as to costs.

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(ROHIT W. JOSHI, J.)

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Wadkar

M/S Sai Auto Agencies Thr. Its Partner Shri Dnyandeo Ramdas Rane v. Smt. Swati Vijay Deshmukh

Case brief

What is this about?

What did the court decide?

M/S Sai Auto Agencies Thr. Its Partner Shri Dnyandeo Ramdas Rane v. Smt. Swati Vijay Deshmukh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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