1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR Second Appeal No.520/2004 -------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. ---------------------------------------------------------------------------------------------------- CORAM : A.P. Lavande, J . Dated : December 21, 2006 Heard Mr. Somani, Advocate for the appellant. The appellant takes exception to the judgment and decree dated 5th August 2004 passed by 15th Adhoc Additional District Judge, Nagpur passed in Regular Civil Appeal No. 163/2004 dismissing the appeal filed by the appellant against judgment and decree dated 29.9.2003 passed by 6th Joint Civil Judge, Jr. Dn. Nagpur in Regular Civil Suit No. 277/1997. The respondent filed the above referred suit against appellant-defendant for recovery of the amount of Rs. 55000/- which 2 was advanced as loan to the defendant along with interest thereon @ 18% per annum. The suit was contested by the defendant. The trial Court held that the plaintiff had proved that he had given loan of Rs. 55,000/- to the defendant and consequently granted decree for payment of Rs.55,000/- with interest @ 12% per annum. The defendant preferred the appeal before the District Court which has also been dismissed by the lower appellate Court. Mr. Somani, learned counsel appearing for the appellant submitted that the trial Court ought not to have granted interest @ 12% per annum and the rate of interest granted is highly excessive. I find no merit in the submission inasmuch as the amount was advanced by the plaintiff to the defendant by way of loan and the defendant having not paid the amount, the trial Court as well the lower appellate Court were justified in awarding interest @ 12% per annum. I do not find any perversity in the findings given by both the Courts below. No substantial question of law is 3 involved in the present appeal. Hence, the appeal is summarily rejected. C.A. No. 7475/2004 In view of dismissal of second appeal, nothing survives in the application. Hence, the civil application is dismissed as infructuous. JUDGE A.