1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 504 OF 2010 Ankit Jagdish Kela Vs. Parvatibai Ajabrao Kumeria Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri M. B. Naidu Adv for applicant/appellant. Shri S. G. Karmarkar Adv for non applicant/respondent. CORAM: A. B. CHAUDHARI J. Dated: 7 th MARCH, 2011. Counsel for the appellant raised the following substantial question of law: Whether the respondent represented to the appellant that there was no need for him to comply with the term of agreement to clear her loan liability as she was likely to be benefited by waiver of loan from the PM’s package? Having heard the learned counsel for the rival parties I find that there is a clear absence of pleading and evidence that the respondent Parvatibai ever agreed to waive the said condition of deposit of the loan amount as agreed in the registered agreement. In the absence of any 2 pleading and evidence on this crucial point, the question will have to be answered in the negative. Second Appeal is thus dismissed. No costs. JUDGE svk 3 4 5