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2003 Supreme(Mad) 527

A.S.VENKATACHALA MOORTHY, M.CHOCKALINGAM
Southern Ancillaries – Appellant
Versus
Southern Alloy Foundaries Private Limited – Respondent


Advocates Appeared: For the Appearing Parties :Mr.T.K.Seshadri, Advocate, Mr.S.V.Jayaraman, Sr. Counsel for Mr.N.Maninarayanan.

Judgment :-

COMMON JUDGMENT A.S.VENKATACHALAMOORTHY, J.

The appellant viz., Southern Ancillaries Private Limited, represented by its Managing Director, filed a suit in O.S. No.47 of 1983 before the learned Subordinate Judge, Tiruvallore, against the respondent herein, praying the Court to pass a decree for a sum of Rs.1,45,790.99 with interest on Rs.1,28,450.24 at 6% per annum from the date of suit till realisation.

The respondent-defendant in A.S. No.873 of 1988 made a counter claim contending that the plaintiff is liable to pay to it a total sum of Rs.3,61,329.35 along with interest at 19% p.a. from 3.4.1981 for the delay in making payments.

2. The learned Subordinate Judge, after trial, held that,

{a} the defendant is liable to pay a sum of Rs.1,45,790.99 and interest at 6% p.a. on Rs.1,28,450.24 from the date of suit till realisation;

{b} the plaintiff, out of the amounts due to the defendant viz., Rs.3,61,329.35, to deduct Rs.17,340/- and pay the balance; and

{c} on the principal sum of Rs.71,111.30, the plaintiff is liable to pay interest at the rate of 6% p.a.

3. The plaintiff, being aggrieved by the judgment and decree of the learned Subordinate Judge, Tiruvallore, has filed A












































































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