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1997 Supreme(Ker) 300

S.KRISHNAN UNNI
New India Assurance Co. Ltd. – Appellant
Versus
Itty Kurian – Respondent


Judgment :-

1. This appeal was once heard and disposed of by judgment dated 1.10.1990. But later on a petition was filed stating that the respondent-plaintiff died on 28.2.1990 and praying that the appeal be re-heard, after impleading his legal representatives. That petition was allowed.

2. The additional 2nd defendant in O.S. 78 of 1973 of the Sub Court, Kottayam is the appellant. The 1st defendant-company amalgamated with 2nd defendant-company. The Cross Objection relates to refusal of interest from the date of notice till date of decree.

2A. Plaintiff who is the proprietor of Padinjarekkara Bankers Kottayam is a financier. He had entered into hire purchase agreement with regard to vehicles sold by Kulathunkal Motor Corporation (for short the Corporation), sole distributors of Tata Diesel vehicles in Kerala. Whenever the purchasers wanted hire purchase facility, they were introduced to the plaintiff by the Corporation. The Corporation introduced me buyers of the vehicles and also produced the necessary registration certificates for entering into hire purchase agreement. After collecting premium and other amounts, the plaintiff had made declarations to the defendant-company for the


































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