Supreme Court of India · 2007-02-02
PREM LALA NAHATA vs CHANDI PRASAD SIKARIA
- Citation / case number
- SC 2005/21623
- Court
- Supreme Court of India
- Petitioner
- PREM LALA NAHATA
- Respondent
- CHANDI PRASAD SIKARIA
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court held that the appellants, mother and daughter, were entitled to recover sums of Rs. 10,93,863 and Rs. 10,90,849 from the respondent based on loans of Rs. 5 lakhs each, which were not repaid. The Court emphasized the importance of the transactions being characterized as loans rather than business transactions, as claimed by the respondent. The Court upheld the decision of the Calcutta High Court to consolidate the suits for efficient adjudication under Section 24 of the Code of Civil Procedure.