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2001 Supreme(Mad) 427

C.NAGAPPAN
Mrf Ltd. – Appellant
Versus
Emco Goa Pvt. Ltd. – Respondent


Appearing Advocates:K. Padmanabhan, M/s. Kurian, Associates, N. Mani Narayanan, Advocates.

Judgment :-

This appeal is preferred against the judgment of learned VII-Assistant City Civil Judge at Madras passed in O.S. No. 1046 of 1985, dated 31-8-1987. The plaintiff is the appellant herein.

2. The plaint averments are summarised as follows.

The defendant had business dealings with the plaintiff and in respect of the amount due under the goods sold and delivered, the defendant executed as on demand promissory note for Rs. 33,751.75, dated 12-12-1980 in favour of the plaintiff and forwarded the same to the plaintiff at Madras by their covering letter, dated 15-12-1980, promis-sing to repay the said sum of Rs. 33,751.75 at Madras, on demand, together with interest thereon at 18% per annum. The defendant did not make any payment either towards principal or towards interest and the plaintiff sent a notice to the defendant, dated 3-3-1982 through their Advocate demanding immediate payment of the dues. After the receipt of the said notice, the defendant made a part payment of Rs. 5,000/- on 13-8-1983 by way of cheque and it was encashed by the plaintiff. The plaintiff is entitled to interest on the amount due on the promissory note at the rate of 18% per annum from 12-12-1980, the



























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