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2013 Supreme(Mad) 4158

P.R.SHIVAKUMAR
Madras Polymoulds Exports – Appellant
Versus
Samant Sons A Partnership Firm – Respondent


Advocate Appeared:
For the Petitioner:P.B. Sampathkumar, Advocate.
For the Respondents:T. Srikanth for T.S. Kandhakumaar, Advocates.

JUDGMENT

1. The defendants in the original suit O.S.No.6841 of 2012 filed as a summary suit under Order XXXVII on the file of the XII Assistant Judge, City Civil Court, chennai are the petitioners in the present Civil Revision Petition.

2. In the suit instituted by submitting a plaint under Order XXXVII CPC, the plaintiff had alleged that the plaintiff lent a sum of Rs.75,000/- on the suit promissory note dated 13.10.2008 wherein the defendants had agreed to repay the same with an interest at the rate of 18% per annum; that subsequently, the defendants paid interest on the principal upto 12.08.2009 and two more payments were made by cheques drawn on Vijaya Bank bearing Cheque Nos.095329 and 095228 dated 24.11.2008, and 17.12.2008 respectively and that thereafter the defendants informed the plaintiff that they were indebted to many other creditors besides the plaintiff and that they would issue consolidated cheques to their financial agents who inturn would make payments to the creditors including the plaintiff. It was further averred in the plaint that the plaintiff firm agreed for such payment pursuant to which a number of cheques were issued to the financial agents and the financia

















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