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2005 Supreme(Mad) 346

R.BALASUBRAMANIAN
Ferdous Finance (P) Ltd, Rep by its Mr. M. Ishad Ali, Chennai – Appellant
Versus
R. Thyagarajan, Chennai – Respondent


Advocates Appeared:
For the Defendant:Mr. T.K. Seshadri, Advocate.
For the Plaintiffs:Mr. R. Thiagarajan, Advocate.

Judgment :-

R. BALASUBRAMANIAN, J.

1. The first defendant has moved this court under Order 7 Rule 11(a) of the Civil Procedure to reject the plaint on the ground that the plaint does not disclose any cause of action against him. Heard Mr. T.K. Seshadri, learned counsel appearing for the applicant/first defendant and Mr. R. Thiagarajan, learned counsel for the respondent/plaintiff. In this order hereinafter, I will refer the parties to this application, as the plaintiff and the first defendant.

2. The suit is to recover money due under a promissory note dated 22.3.2001. The fourth defendant is a private limited company, of which defendants 1 to 3 are shown to be Directors. The plaint allegation is that the first defendant is the Chairman while defendants 2 and 3 are the Managing Director and Director respectively of the fourth defendant company. The grounds on which the first defendant wants the plaint to be rejected are as follows; —

“There is an allegation in the plaint that the promissory note in question was executed by the first defendant on behalf of defendants 2 to 4; the alleged consideration of Rs. 50 lakhs for the promissory note is shown to have been paid by two cheques, each














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