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2009 Supreme(Kar) 161

K.SREEDHAR RAO, S.N.SATYANARAYANA
P. Vishwanath Shetty – Appellant
Versus
K. Balachandra Shetty – Respondent


Advocates appeared:
For the Petitioner: Jayaram and Jayaram,
Advocates. For the Respondents:Rego and Rego, Advocates.

Judgment :-

Sreedhar Rao, J.

(1) THE respt. No. 1/first plaintiff entered into a written agreement dated 20-2-1987 with the appellant/defet. No. 1 vide Ex. P. 1 for transfer of shares of Navabharath Flange and Allied Industries. The total shares of the company was Sold for face value of Rs. 20,00,000/- under Ex. P. 1. Rs. 10,00,000/- was paid towards the part of the consideration. The balance of Rs. 10,00,000/- was agreed to be payable within six months. In Ex. P. 1 it was also stipulated that if balance of Rs. 10,00,000/- is not paid on or before 30-3-1989, the appellant shall pay interest at 15% p. a. w. e. f. 31-7-1989 till the date of payment.

(2) THE 19th respondent/deft. No: 2 was the Managing Director of the company as on the date of the Ex. P. 1 and consenting witness and guarantor for payment both under exs. P1 and P2. The appellant failed to pay the amount. Hence, the suit was filed by pltfs. No. 1 to 18 on 1-7-92. The first plaintiff had signed the plaint. The pltfs. No. 2 to 18 have not signed the plaint. The plaintiffs made an application to amend the cause title of the plaintiffs to describe pltfs. No, 2 to 18 of being represented by the pltf. No. 1 as their power of a


















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