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2001 Supreme(Mad) 779

K.GNANAPRAKASAM
K. T. S. Sarma, Seshasayee Brothers (P) Limited, Madras – Appellant
Versus
Subramanian, Proprietor, Kumar Videos, Trichy – Respondent


Advocates:
S.Sampath Kumar, for Appellant.
C.P.Sivamohan, for Respondent.

JUDGMENT: The defendant is the appellant. The suit is for recovery of a sum of Rs.82,599.89 with subsequent interest and for costs.

2. The case of the plaintiff is that on 23.2.1985, the defendant borrowed a sum of Rs.50,000, promising to repay the same together with interest at the rate of 18% per annum and the same is evidenced by the letter dated 23.2.1985, written by the defendant to the plaintiff, wherein the defendant further requested the plaintiff to make arrangements for a loan accommodation of Rs.25,000 repayable together with interest at the rate of 18% per annum for a period of three months. The defendant further requested the plaintiff to send the amount by way of a Demand Draft drawn in favour of M/s.Seshayee Brothers Private Limited. As per the request of the defendant, the plaintiff sent further sum of Rs.20,000 to the defendant by way of demand draft in favour of M/s.Seshasayee Brothers (Private) Limited, in the first week of March, 1985. The defendant has not paid any amount either towards principal or interest in respect of the amount borrowed on 23.2.1985. The plaintiff was having some dealings with M/s.Seshayee Brothers Private Limited from the year 1984 and the
































































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