SATISH CHUNDER GIRI Vs. HEM CHUNDER MOOKHOPADHYA

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff appellant to recover a certain sum of money due on a promissory note. The defence was that the interest claimed was exorbitant, and was not therefore recoverable. The only question upon which the parties went to trial was whether the plaintiff was entitled to the interest claimed.

(2.) The first Court held that the plaintiff was not entitled to the interest claimed, as the defendant appeared to be "a young; man who had not much worldly experience and sound discretion," and it was "pretty clear that the defendant No. 2 took undue advantage of the position of the defendant No. 1" and compelled him to enter into the transaction in question."

(3.) On appeal the Lower Appellate Court has affirmed that decision, but solely on the ground that the bargain was an unconscionable one, as "the rate of interest was so exorbitant as to be ridiculous."