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M/S Glasswood Realty Pvt Ltd And Ors vs Chadravilas Kailashkumar Kothari on 6 December, 2021

He points out that in Ladymoon Towers Pvt. Ltd. and Glasswood Realty (P) Ltd. v. Chandravilas Kailashkumar Kothari4, the High Courts at Calcutta and Bombay, respectively, dealt with suits where the plaintiffs therein extended a "friendly loan" to the defendants. However, those judgments are not applicable in the present case, as the alleged loan transaction here is supported by mercantile documents and also carries an interest.
Bombay High Court Cites 13 - Cited by 1 - B Dangre - Full Document

Bharat Muddanna Shetty vs Ahuja Properties And Developers And 2 ... on 13 July, 2021

44. A reference can also be made to the decision of the High Court at Bombay in Bharat Muddanna Shetty v. Ahuja Properties & Developers and Ors.16, wherein, the Court found that a friendly loan given to a needy friend, not being part of a business or an ordinary business transaction, can at best be treated as money lending per se. The Court emphasized that the Act of 2015 deals with a special category of cases, whereas Order XXXVII of CPC pertains to ordinary recovery suits. In Glasswood Realty Pvt. Ltd., the High Court at Bombay held that for a transaction to qualify as a "commercial dispute", it must have a commercial flavour, and its genesis must lie in the fact that the parties entered into the transaction with a commercial purpose. Advancing pure and simple friendly loans on friendly terms has been held to fall outside the definition of a commercial dispute.
Bombay High Court Cites 7 - Cited by 7 - D S Naidu - Full Document
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