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2011 Supreme(Mad) 841

M.M.SUNDRESH, R.BANUMATHI
Prabhakaran – Appellant
Versus
V. Rajendran – Respondent


Appearing Advocates:
For the Appellant:C.K.M. Appaji, Advocate.
For the Respondents:R1 - M. Ganesan, R2 - Sitrarasu, Official Assignee, Advocates.

Judgment :-

1. This appeal arises out of the order dated 01.11.2010 in Application No.355 of 2010 in I.P.No.95 of 2009 on the file of this Court, whereby the learned single Judge has ordered attachment of 50 percent of appellant's salary.

2. Case of first respondent/petitioning creditor is that appellant was running chits and requested the first respondent to join his chit as one of the subscribers. Believing the words of appellant and considering that he is working as a Central Government employee, the first respondent joined one Rs.2 lakhs chit and one Rs.1 lakh chit. The first respondent was declared as Prized subscriber in respect of the above two chits. The appellant had postponed the repayment of the prized amount. Upon demand of the first respondent, the appellant had issued cheque for a sum of Rs.80,00,000/- dated 27.7.2005 bearing Cheque No.979055 drawn at Indian Bank, Velachery Branch, Chennai. On the same day, the appellant had also executed a demand promissory note for a sum of Rs.2 lakhs dated 27.5.2005 agreeing to repay on demand with interest at the rate of 24 percent per annum. Case of first respondent is that inspite of several requests made by him for repayment of










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