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2010 Supreme(Mad) 1442

C.S.KARNAN
R. Shankar – Appellant
Versus
R. Subramanian – Respondent


Advocates Appeared:
For the Appellant:S. Subbiah, Advocate.
For the Respondent: S. Mukunth, for S. Sarvabhuman Associates.

Judgment :

The above Civil Miscellaneous Appeal has been filed by the appellant/defendant against the Order dated 13.07.2007, in I.A.No.1265 of 2006 in O.S.No.533 of 2006, on the file of the Principal District Court, Coimbatore.

2. Aggrieved by the said order the appellant has filed the above appeal to set aside the Order dated 13.07.2007, in I.A.No.1265 of 2006 in O.S.No.533 of 2006, on the file of the Principal District Court, Coimbatore.

3. The short facts of the case are as follows:

The respondent/plaintiff has filed in O.S.No.533 of 2006 against the appellant/defendant to pay a sum of Rs.5,42,658/- with future interest of Rs.5,000/- at the rate of 15% per annum as the amount is due by way of commercial transaction between the parties. The respondent/plaintiff has filed an Interlocutory Application in I.A.No.1265 of 2006 along with the said suit. The respondent stated that the suit for recovery of the amount and the interest thereon due from the respondent as per the settlement of accounts arrived at between the defendant and plaintiff, as per the deed of Dissolution of Partnership dated 03.08.2005. The defendant and the plaintiff along with two others were conducting a partn











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