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1999 Supreme(Mad) 854

R.BALASUBRAMANIAN
Swarna Paper Cutting Works, rep. by it’s proprietor Mr. S. Paulpandian, Madras and another – Appellant
Versus
Indian Express (Madurai) Private Limited, Madras – Respondent


Advocates:
Mr. D. Rajendran, Advocate for Appellants. Mr. S. Vijayaraghavan, Advocate for Respondent.

Judgment :

.1. The defendants and the plaintiff in O.S.No. 2859 of 1982 on the file of the First Additional City Civil Judge at Madras are the appellants and the respondent respectively in this appeal. In this judgment the parties to the appeal will hereinafter be referred to as the plaintiff and the defendants. The plaintiff filed the above suit against the defendants for recovering a sum of Rs.68, 993.22 together with interest at the rate of 18% p.a. on Rs.65, 551.74 from 12. 1981 till the date of payment and for costs. The defendants contested the suit and the learned trial Judge decreed the suit for a sum of Rs.62, 133.52 with interest at 18% per annum from 12. 1981 till date of realisation with proportionate costs. It is the correctness of that judgment that is being questioned in this appeal before this Court by the defendants.

.2. The brief facts on which the plaintiff went before the lower court seeking the decree are as follows:

.One of the incidents of the business of the plaintiff is waste paper, which he has been selling to third parties for price. The defendants have been purchasing waste papers from the plaintiff. The plaintiff and the defendants had a running accou






























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