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2017 Supreme(Mad) 3769

A.SELVAM, P.KALAIYARASAN
Paul Ponmany – Appellant
Versus
Thathrathil Porinchu Devassy @ Dev. T. Devasay – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.V. Jayaraman, for M/s. P. Arivudainambi
For the Respondent: O. Padmaprakash

JUDGMENT :

A. Selvam, J.

1. Challenge in this Appeal Suit is to the judgment and decree dated 20.07.2011, passed in O.S.No.718 of 2011, by the V Additional City Civil Court, Chennai.

2. The respondent herein, as plaintiff, has instituted O.S.No.718 of 2011, on the file of the trial Court, praying to pass a money decree in his favour, wherein, the present appellant has been arrayed as sole defendant.

3. The material averments made in the plaint are that the defendant has borrowed a sum of 60,000/- Canadian Dollars on 23.02.1995, from the plaintiff, so as to meet his urgent commitments. The plaintiff has paid the same by way of a bank draft, bearing No.068529973, dated 23.02.1995, drawn on Canadian bank of Commerce, Parkway Forest, North York, ONT. The defendant is bound to return the same with interest at the rate of 24% per annum, within few months. The defendant has failed to keep up his promise. On 28.4.1996, the defendant has paid interest from April 1995 to 3rd April 1996 and he has also paid an amount of Canadian Dollars of 10,800/- per month at 18% interest and not 24%. The defendant has also paid interest from April 1996 to April 1997 on 04.04.1997. Further interest is payable.




























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