ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.958 OF APPEAL NO.958 OF APPEAL NO.958 OF 2007 2007 2007 M/s.Sudhan Tyres ...Appellant. Vs. Sau. Menabai Shantilal Tated ...Respondent. Mr.S.B.Deshpande for the Appellant. Mr.Dhanraj Chimote for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 24th June, 2008 : 24th June, 2008 : 24th June, 2008. P.C. P.C. P.C. . This is a Second Appeal filed by the Appellant- Original Defendant as Respondent- Original Plaintiff’s suit for recovery of the amount has been decreed to the extent of Rs.50,000/- though it was for Rs.1,23,200/-. 2. Both the Courts below after considering the material placed on record, held that the Defendant-Appellant to pay an amount of Rs.50,000/- with interest @ 18% p.a. from 14/10/1993 till its realisation. Both the Courts having restricted the recovery to the extent of Rs.50,000/- as there is no case made out by the plaintiff, specially on the ground that the Defendant unable to place material on record to show the case of repayment or no liability. The facts of repayment need to be pleaded and proved ( 2 ) by the Defendant. However, Defendant has failed to do so. The conclusion so drawn cannot be said to be bad in law. There is no dispute about the receipt of the money, issuance of the cheque and its dishonour. The acknowledgement is also part of the record and duly proved by the Plaintiff. 2. The Second facet is that the grant of interest @ 18% p.a. which considering the nature of transaction, restricted to the rate of 10% p.a. from 14/10/1993 on 50,000/-, instead of 18% p.a.. The learned counsel appearing for the Appellant submitted to restrict it as per the provisions of Civil Procedure Code. However, as there is no dispute about the receipt of the money, as the plaintiff proved the same, I am restricting, therefore, the rate of interest @ 10% p.a. as referred above in the interest of justice. 3. In view of the above, the Second Appeal is disposed of with above modification to the extent of rate of interest @ 10% p.a. instead of 18% p.a.. Rest of the order is maintained. 4. Decree be drawn accordingly. No costs. ( 3 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)