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2013 Supreme(Mad) 835

R.KARUPPIAH
Prakash Chand Lalwani – Appellant
Versus
P. Vijayakumar – Respondent


Advocates Appeared:
T. Sivaprakasam, for Plaintiff Ex-parte, for Defendant

JUDGMENT

1. This Civil Suit is filed by the plaintiff and prayed for a decree for a sum of Rs. 70,80,000/- together with interest at the rate of 24% per annum from the date of plaint till the date of realization on Rs. 59,00,000/- and also prayed for the sale of the properties of the defendant described in the schedule and permit the plaintiff to adjust the amounts which are due from out of the sale proceeds after defraying expenses and also prayed for personal decree as against the defendant, including sale of two buses bearing Registration Nos. TN.7.AR.4767 and TN.7.AR.4929

2. The case of the plaintiff is that the plaintiff is carrying on business as Financiers lending money for purchase of vehicles on Hire Purchase and defendant requires finance for purchase of two buses bearing Registration Nos. TN.7.AR.4767 and TN.7.AR.4929 from S.V.R. Tours and Travels, Hyderabad and the defendant sought for loan from the plaintiff a sum of Rs. 30,00,000/- to enable the defendant to pay the balance amount due and take delivery of the buses. Therefore, the plaintiff agreed to advance a loan of Rs. 30,00,000/- on two conditions namely, making the payment of Rs. 30,00,000/-to and in favour of S.









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