Bombay High Court
S/716/1995 of M/S.ARPAN LEASING CO.LTD. Vs MR. VIJAY SAWANT on 27 November 1996
THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONSUIT NO.716 OF 1995
M/s.Arpan Leasing Company Ltd. : Plaintiffsversus Mr.Vijay Sawant: Defendant.
Ms.Rashmi Vaithy i/by S.Ashwinkumar & Co. forthe plaintiffs.
P.C.
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1. Heard learned counsel for the plaintiffs.Following Issues are settled :-
ISSUES :-
1. Whether the plaintiffs prove that thelease agreement dated 23rd January 1993was executed by and between the defendantand the plaintiffs ?
2. Whether the defendant proves that thereal nature of the transaction betweenthe plaintiffs was a loan transaction andnot a transaction which is reflected inthe agreement dated 23rd January 1993 ?real nature of the transaction betweenthe plaintiffs was a loan transaction andnot a transaction which is reflected inthe agreement dated 23rd January 1993 ?
3. Whether the plaintiffs prove that thedefendant has committed breach of termsand conditions of the lease agreement ?defendant has committed breach of termsand conditions of the lease agreement ?
4. Whether the plaintiffs prove that thedefendant is liable to pay to them a sumof Rs.1,77,768/- with interest thereon asprayed ?defendant is liable to pay to them a sumof Rs.1,77,768/- with interest thereon asprayed ?
5. What order and decree ?
Suit shall be set down for recording of evidenceon 24th September 2007. The plaintiffs aredirected to file affidavit in lieu of evidence oftheir witnesses, if any, affidavit of documentsand original documents on the next date. Theadvocate for the plaintiff will also serve thecopies of aforesaid documents to the advocate onrecord for the defendant on or before 19th September 2007.
[A.S.OKA, J.]