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2017 Supreme(Mad) 193

N.SATHISH KUMAR
U. Ram Babu – Appellant
Versus
De Great Agro Farm Private Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. M. Velmurugan

JUDGMENT :

The suit is filed for recovery of a sum of Rs.36,42,000/- along with interest at the rate of 12% per annum on the sum of Rs.36,00,000/- from the date of plaint till the date of realization and for costs.

2. The brief facts of the case of the plaintiffs are as follows:

The second defendant is the Managing Director of the first defendant. The third defendant is the wife of the second defendant and the fourth defendant is the brother of the second defendant. The defendants 2 and 3 have approached the plaintiff and sought for financial assistance in order to develop the first defendant company. In view of the relationship with them, the plaintiff agreed to provide funds. Accordingly, the defendants have availed loan of Rs.36,00,000/- on various dates. The defendants 2 and 3 executed loan cum guarantor agreement dated 07.12.2009 and agreed to pay interest at the rate of 12% per annum. The second defendant along with his brother, the fourth defendant herein, also executed a promissory note dated 07.12.2009 for the said amount and agreed to pay interest at the rate of 12% per annum. Thereafter, the defendants have failed to repay the said amount. Inspite of repeated requests, fina





























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