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1982 Supreme(Mad) 8

RAMANUJAM, MAHESWARAN
Vasanji Navji – Appellant
Versus
K. P. C. Spinners – Respondent


Advocates:
N. Vanchinathan, for Appellant; A. Ramanathan for M/s. R. Vedantam and N. Balasubramaniam, for Respondents.

Judgement

RAMANUJAM, J. :- These two appeals arise out of the orders passed by the Court below allowing I. A.1802 of 1977 filed by the defendants 1 and 3 and I. A.89 of 1977 filed by defendants 2, 4 and 5 in O.S. 858 of 1977, and staying the said suit under Section 34 of the Arbitration Act. The plaintiff who is aggrieved against the orders passed by the Court below staying his suit has come forward with these appeals. The circumstances under which the suit was stayed by the Court below may briefly be stated :- The plaintiff has entered into a contract with the defendants for supply of cotton. In pursuance of the said contract, the plaintiff supplied cotton to the defendants and for the supplies made the defendants have issued five cheques on different dates, on 23-3-1976 for Rs. 790. on 29-1-1977 for Rs. 13,000; on 2-2-1977 for Rs. 13,000; on 10-2-1977 for Rs.14,000; and on 17-2-1977 for Rupees 14,736-77, out at the said five cheques, the plaintiff was able to realise only two cheques for the Rs. 26,000. The other three cheques had been dishonoured with the endorsement 'exceeds arrangement'. Consequently, the plaintiff filed the suit for realising the proceeds of the three cheques

















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