STATE Vs. SHREE KAMAL

JUDGEMENT

(1.) The plaintiffs have filed this suit for recovery of sum of Rs.04,44,950/- together with interest on the said amount at the rate of 12% per annum from the date of the suit till realisation.

(2.) Accordingly to the case of the plaintiffs, the first defendant is a proprietorship firm of Rajkumar Bhartiya HUF of which the second defendant is the Karta. According to the plaintiffs the third to ninth defendants are coparceners of the said Rajkumar Bhartiya HUF.

(3.) According to the case of the plaintiffs, on the request made by the second defendant, the plaintiffs granted friendly loan of Rs.05,00,000/- to the first defendant. According to the plaintiffs interest was agreed to be paid on the loan amount at the rate of 15% per annum till 31st March, 2001 on quarterly rests and thereafter at the rate of 12% per annum on quarterly rests.