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2011 Supreme(Mad) 3797

R.BANUMATHI, B.RAJENDRAN
Esjaypee Impex Private limited – Appellant
Versus
Jagdish B. Ahuja – Respondent


Advocates appeared:
For the Appellant:C. Seethapathi, Advocate.
For the Respondent:G.B. Sabaridas for M/s. R. Subramanyam and Associates, Advocates.

JUDGMENT :-

R. BANUMATHI, J.

1. Being aggrieved by the dismissal of the application in A.No.6092 of 2009 in C.S.No.879 of 2003 and declining to send the xerox copies of the Cheques for obtaining handwriting expert's opinion, appellant has preferred this appeal.

2. The respondent/plaintiff filed the suit in C.S.No.879 of 2003 on the file of this Court for recovery of a sum of Rs.26,80,583/- together with interest on Rs.21,50,000/-. Case of respondent/plaintiff is that plaintiff is carrying on business inter alia in financing. Appellant/1st Defendant Company availed the loan from the plaintiff on various dates (i) 2.1.2002 a sum of Rs.4,50,000/-; (ii) 22.5.2002 a sum of Rs.12,00,000/- and (iii) 10.7.2002 a sum of Rs.5,00,000/-, totally Rs.21,50,000/-. The said loan amounts were disbursed by the plaintiff by way of cheques in favour of the 1st defendant Company drawn on M/s.Tamilnadu Mercantile Bank Limited, Mandvi Branch, Mumbai. In consideration for the said loan availed, the 1st defendant Company, through its Directors, is said to have executed demand promissory note in favour of the plaintiff concern on the dates of availment of loan agreeing to repay the aforesaid loan on demand fr














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