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2011 Supreme(Mad) 4549

R.BANUMATHI, R.MALA
Timothy Bowen, also known as Tim Bowen, Manor Lane – Appellant
Versus
Clenergen Corporation, a Company incorporated under the laws of the State of Nevada – Respondent


Advocates Appeared:
For the Appellants:T. Poornam, Advocate.
For the Respondents - ---

Judgment :-

(Prayer: Original Side Appeal filed under Clause 15 of Letters Patent read with Order XXXVI Rule 1 of O.S.Rules against the Order dated 2.11.2011 made in Application No.5097 of 2011 on the file of this Court.)

R.BANUMATHI,J

1. Being aggrieved by the dismissal of the application in A.No.5097 of 2011 and declining to grant leave to sue, plaintiffs have preferred this appeal.

2. Case of appellants is that the 1st appellant is a resident of United Kingdom. 2nd and 3rd appellants are Companies incorporated in United Kingdom. On 24.1.2011, an Agreement was entered into between the 1st appellant and 1st respondent, being the Bridge Loan Agreement, which was effective from 24.5.2010. In terms of the Bridge Loan Agreement, the 1st respondent confirmed that the 1st appellant had given a loan of GB Pounds 110,000/- (GB Pounds One hundred and ten thousand only) being approximately US $ 180,000/- (United States Dollars Hundred and Eighty Thousand only) to the 1st respondent. The Bridge Loan was to part finance the acquisition of a 1.5 MW anaerobic digestion plant near Salem. Clause 6 of the Bridge Loan Agreement inter alia provided that the loan should be repaid within ten months f







































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