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2011 Supreme(Mad) 4190

B.RAJENDRAN, R.BANUMATHI
R. Vijayakumar – Appellant
Versus
Official Liquidator High Court Madras as Provisional Liquidator of M/s. RBF Nidhi Limited – Respondent


Appearing Advocates:
For the Appellant:S.N. Kanagaraj & E.V. Reegan, Advocates.
For the Respondent:S.R. Sundar, Advocate.

JUDGMENT :

R. BANUMATHI, J

1. Being aggrieved by the order dated 9.6.2008 made in C.A.No.1823 of 2007 in C.P.No.230 of 2004 directing the appellant to pay a sum of Rs.13,71,401/-, which was due and payable by him as on 31.12.2007, the appellant has preferred this appeal.

2. The brief facts, which led to the filing of this appeal, are as follows:

The appellant and his late father availed home loan from RBF Nidhi Limited in HML No.66 for a sum of Rs.1,90,000/- repayable with interest at the rate of 24% per annum and executed a demand promissory note and also executed a registered mortgage deed in document No.7993/1990 on 1.11.1990. The appellant and his father also borrowed a sum of Rs.2,90,000/- from RBF Nidhi Limited in HML No.67 repayable with interest at the rate of 24% per annum. In respect of HML No.67, the appellant executed demand promissory note and also executed a registered mortgage deed in document No.7994/1990.

3. In respect of HML Nos.66 and 67, appellant was due to pay a sum of Rs.4,75,383/-and 12,55,639/- respectively. On 10.2.2000, the Company sent notice demanding payments under HML Nos.66 and 67. Though the appellant initially rebutted the execution of mortgage deeds,































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