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2009 Supreme(Ker) 39

P.R.RAMAN, C.T.RAVIKUMAR
C. J. John – Appellant
Versus
P. D. Jose, Oriental Kuries Ltd. Represented by Chairman P. D. Jose – Respondent


Advocates Appeared:
For the Appellants:K.P. Dandapani, Advocate. For the Respondents:N. Subramaniam, Deepu Thankam, Advocates.

Judgment :-

P.R. Raman, J.

Both the above appeals arising out of the common judgment rendered by the learned Single Judge in A.S.Nos.326 and 346 of 1992. The two appeals were preferred by the common defendants in the suit O.S.No.323/84 and 548/87 respectively on the files of the Subordinate Judges Court, Trichur. The respondent-Company is a company incorporated under the Companies Act. They started the kuri (chits). The suit O.S.No.323/84 was for recovery of 12 instalments due for the period from 211.1981 to 211.1984 and the suit O.S.No.548/87 was for recovery of the entire future subscriptions due under the transaction other than the period covered by the earlier suit. The trial court decreed the suit O.S.No.323/84 for an amount of Rs.40,915/-with 12% interest on the sum of Rs.34,800/- from the date of suit till date of decree and thereafter at the rate of 6% per annum from the date of decree and suit O.S.No.548/87 was decreed for Rs.83,820.68 with 12% interest on the sum of Rs.63,800/- from the date of suit till date of decree and 6% interest per annum thereafter. Preliminary decree for sale charged on the plaint schedule property was passed in both the suits. Challenging the decr





















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