R.BANUMATHI, S.VIMALA
K. Krishnamoorthy – Appellant
Versus
Investment Trust of India Limited – Respondent
R. BANUMATHI, J.
1. Challenge in these appeals is the judgment and decree dated 11.07.2003 in O.S.No.7731 of 1996 on the file of VII Additional Judge, City Civil Court, Chennai, in which the trial Court directed the defendants to pay a sum of Rs.5,87,563/- together with interest at the rate of 18% per annum from the date of plaint till the date of realisation.
2. The 2nd defendant is the appellant in A.S.No.65 of 2012 and the 4th defendant is the appellant in A.S.No.135 of 2005. The 1st defendant is the Private Limited Company and defendants 2 to 4 are the directors of 1st Defendant Company. On 12.4.1985, the plaintiff leased out certain machineries to the 1st defendant Company under Ex.A.2 equipment lease agreement dated 12.4.1985 on rental basis. For first sixty months, rent is payable at the rate of Rs.8,675/- per month and thereafter at Rs.100/- per annum till the equipments become scrap. The 1st monthly rental was payable on 12.5.1985 and the subsequent monthly rentals are to be paid on the same date of every succeeding months. On 12.4.1985, defendants 2 and 4 have executed Ex.A.3 - letter of undertaking in favour of plaintiff company undertaking to pay the monthly
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