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2015 Supreme(Kar) 1343

N.KUMAR, B.MANOHAR
Bawa Enterprises – Appellant
Versus
G. R. Shet, S/o Late K. R. K. Shet – Respondent


Advocate Appeared:
For the Appellants : Sri Vinayaka B. for Sri Ashok Haranahalli Associates.
For the Respondent:Sri N.S. Bhat for Sri R.B. Deshpande, Advocates, Sri Cyril Prasad Pais, Advocate.

JUDGMENT :

N. Kumar, J.

This is the defendants' regular first appeal against the judgment and decree of the trial Court decreeing the suit of the plaintiff as prayed for, directing the defendants 1 to 5 jointly and severally to pay a sum of Rs. 18,52,310/- with interest at 23% p.a. from the date of the suit till the date of decree and interest at 18% p.a. from the date of decree till the date of realization.

2. For the purpose of convenience, the parties are referred to with respect to their position in the original suit.

3. The plaintiff has been carrying on his business in Mangalore under the name and style M/s. Shet & Co. The 1st defendant is a partnership Firm, of which defendants 2 to 4 are the partners; 5th defendant is the GPA holder of defendants 2 to 4. As could be seen from the averments in the plaint, the following amounts were lent by the plaintiff to defendant No. 5.

Date of transaction

Amount of money lent

Alleged Documents

12.08.1997

Rs. 5,00,000/-, Rs. 1,75,000/-

Demand promissory note

10.09.1998

Rs. 1,50,000/-

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