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2009 Supreme(Mad) 3113

M.CHOCKALINGAM, R.SUBBIAH
Srishi Estates & Investments Pvt. Ltd. , rep. by its Managing Director Mr. V. Subbaiah & Others – Appellant
Versus
Upasana Finance Limited rep. by its Manager Finance & Secretary Mr. R. Krishnasn & Another – Respondent


Advocates Appeared:
For the Petitioners:M. Sundar, Advocate.
For the Respondents:B.T. Seshadri, Advocate.

Judgment

M. Chockalingam, J.

1. This appeal challenges the order of the learned Single Judge dated 11. 2008 made in Application Nos.4261 and 4262 of 2008 whereby the order of the learned Master was affirmed.

2. The Court heard the learned counsel on either side.

3. This appeal has arisen under the following circumstances:

a. The first respondent filed a suit in C.S.No.313 of 1999 seeking recovery of money on the financial transaction entered into between the parties. A compromise decree was made on 26. 1999 and it was agreed between the parties that the appellant/Judgment debtor must take a financier to the decree holder company and on a letter of request, inspect the documents which were in the custody of the decree holder company and to make the payment of Rs.60,00,000/- in full quit on or before 30.6.1999 and in default, the suit claim along with interest prayed for is payable by the Judgment debtor. The decree holder company filed E.P.No.15 of 2000, since default was committed by the Judgment debtor and hence he is entitled to make the claim as made in the plaint for the total amount and the interest accrued thereon at 36%. p.a.

b. Pending the same, appellants filed Application



















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