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2001 Supreme(Mad) 908

PRABHA SRIDEVAN
N. Prabakaran – Appellant
Versus
Manager – Respondent


Advocates Appeared:
Mr.N. Prabakaran, Advocate for Petitioner.
No appearance for Respondent.

Judgment :

1. The party in person is aggrieved by the order imposing a condition of payment of Rs.2,00,000 for grant of leave to defend has filed the present civil revision petition. The respondent though served on 4.7.2001 has not entered appearance. Today, the party in person appeared and argued the matter.

2. Thegrievance of the petitioner is that the court below without considering the two documents, which clearly show that his loan account has been settled, had still refused to grant unconditional leave to defend. The respondent has filed O.S.No.5323 of 1999 under Order 37 of CPC for recovery of a sum of Rs.495915.74 with interest. According to the respondents a sum of Rs.6 lakhs was granted by way of professional credit on 6.1.1997. Subsequently, since the schedule of repayment could not be adhered to, there was rescheduling of the loan on the request of the petitioner by his letter dated 25.2.1999. Subsequently, the earlier loan was closed and fresh loan agreement was entered into on 25.2.1999, whereunder the petitioner was bound to repay the loan in 48 equal monthly instalments of Rs.13,919. Since instead of rescheduling, the petitioner did not repay the loan and the respond









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