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2007 Supreme(Mad) 2056

JYOTHIMANI, A.P.SHAH
Sreyas Sripal & Another – Appellant
Versus
Upasana Finance Ltd. – Respondent


Advocates:
For the Appellants:R. Yashodvardhan, Senior Counsel for Mr. AV.K. Ezhilmani, Advocate. For the Respondent: B.T. Seshadri, Senior Counsel.

Judgment :-

A.P. Shah, C.J.

Admit. Learned counsel appearing for the respondents waives service. By consent, the appeals are taken up for hearing.

2. These appeals are directed against a common order passed by the learned single Judge dismissing Application Nos.2284, 2285, 2286 and 2287 of 2006 in Execution Petitions Nos.193 and 194 of 2006. The facts giving rise to these appeals may be briefly stated as follows:

The appellants are the judgment debtors/original defendant Nos.2 and 3. The respondent/decree holder filed a suit in C.S.No.704 of 1998 and a decree was passed by this Court on 30.01.1999 in terms of a Memorandum of Compromise signed by all the parties. Under the compromise, defendant Nos.1 to 3, 5 and 6 were to pay to the plaintiff a sum of Rs.95,37, 103/-with further interest @ 33% per annum at monthly rests from the date of compromise i.e., 04.01.1999 till the date of payment. Further, the defendants were permitted to pay the amounts decreed along with interest @33% at monthly rests in 78 weekly installments commencing from 08.01.1999 and ending 30.06.2000 and if there being any delay in payment of the installments, it shall carry interest @ 36% per annum at monthly rest














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