In the wake of the above, the impugned order which take a view that the transaction of advancing the amount as a friendly loan is commercial in nature, is an erroneous finding as a solitary transaction of advancing loan, on friendly terms, unlike a commercial lending with the prevailing market rate, would fall short or ordinary transaction of a financer, banker. Moreso, even the plaintiff is conscious of this position and in her response to the Application filed for return of plaint for presentation of appropriate court, she admit so. {Para 17}
In the High Court of Bombay
(Before Bharati Dangre, J.)
Glasswood Realty Pvt. Ltd. and Others Vs Chandravilas Kailashkumar Kothari
Writ Petition No. 8393 of 2021
Decided on December 6, 2021
Citation: 2021 SCC OnLine Bom 5032 : (2022) 1 Bom CR 527.
Print Page