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2011 Supreme(Mad) 3971

B.RAJENDRAN, R.BANUMATHI
Southern Explosives Company Pvt. Ltd, rep. By its Managing Director – Appellant
Versus
Gulf Oil Corporation Limited – Respondent


Advocates appeared:
For the Appellant:A.L. Somayaji, Senior Counsel for G.R. Shivakumar, Advocate.
For the Respondents:Arvind P. Datar, Senior Counsel for M.S. Rajasekar, Advocate.

Judgment :-

B. RAJENDRAN, J

1. The defendant in C.S. No.196 of 1993 is the appellant in this appeal. This appeal is filed as against the decree and judgment dated 05.07.2007 made in C.S. No. 1096 of 1993 passed by the learned single Judge, decreeing the suit filed by the plaintiff/respondent herein for a sum of Rs.1,69,51,588/- with interest at 18% per annum from the date of filing the suit till decree and at 12% per annum from the date of decree till the date of realisation with proportionate cost. By the said decree and judgment, the learned single Judge dismissed the counter claim made by the defendant/appellant herein.

2. Originally, the plaintiff has filed the suit for recovery of a sum of Rs.2,13,00,398.94 with interest thereon at 18% per annum from the date of filing the suit till the date of realisation; for recovery of Rs.11,20,703/- being the value of the stock lying with the defendant and for costs. Subsequently, the plaint was amended to include a sum of Rs. 31,88,698/- being the tax liability payable by the defendant and the suit claim was accordingly enhanced.

3. According to the plaintiff/respondent herein, the defendant/ appellant was originally appointed as a sole


























































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