Friendly loan row: Bizman ordered to deposit s 7.5L to defend himself | Mumbai News

Mumbai: With rising cases of exploitation of women’s trust through promises of marriage to secure “friendly loans”, a civil court ordered a local businessman to deposit Rs 7.5 lakh as a condition to defend himself in a civil suit filed by the purported victim. The legal battle began when the woman moved the civil court against the man for the recovery of Rs 7.5 lakh with 18% interest. The court found the claim of cash repayment without documentary evidence to be weak. “So, this is a moonshine defence taken by the defendant, just to avoid payment of amount,” the Judge remarked. The court held that while the man should be allowed to defend himself, the defence was not strong enough to grant him unconditional leave to contest the suit.According to the woman, the duo met in 2012 and became friends. The man allegedly proposed marriage to her, stating he was awaiting a divorce from his wife. In 2017, citing a financial crisis in his business, the man allegedly sought urgent financial help. When he refused to return it and also failed to marry her, the woman filed a complaint with the police and also moved the civil court to recover the money.The woman allegedly advanced the amount after the man executed a written note on a Rs 100 stamp paper, promising to return the funds by the end of Dec 2017. However, the plaintiff alleged that the man repeatedly deferred the payment and eventually began avoiding her calls in 2019. The situation escalated to the point where the woman approached the Samta Nagar police station, prompting the man to seek anticipatory bail.The Judge noted, “If the defendant has not really taken the friendly loan of Rs 7.5 lakh, then why he approached for anticipatory bail. So this is fit case to draw adverse inference against the defendant.”The man contested the suit, claiming he repaid Rs 7 lakh in cash through various instalments in the presence of a witness. He further argued that he deposited an additional Rs 2 lakh before the Bombay High Court on humanitarian grounds because the woman was suffering from cancer. Consequently, he claimed that the woman actually owed him Rs 1.5 lakh. He argued that these conflicting facts created “triable issues” that required a full trial rather than a summary judgment.While acknowledging that the interest rate remained a triable issue, the court found the claim of cash repayment without documentary evidence to be weak. “So, this is a moonshine defence taken by the defendant, just to avoid payment of amount,” the Judge remarked. The court held that while the man should be allowed to defend himself, the defence was not strong enough to grant him unconditional leave to contest the suit.The man was ordered to deposit the principal amount of Rs 7.5 lakh in court within two months. The Judge clarified that “on depositing the aforesaid amount… the Registrar (Civil) is directed to invest the said amount in any nationalised bank for initial period of one year. “If the man fails to comply with the deposit order, the woman will be at liberty to seek a direct decree against him.”