M.VENUGOPAL, S.VAIDYANATHAN
Banyan – Appellant
Versus
Florida Constructions (P) Ltd. – Respondent
M. VENUGOPAL, J.
The Appellant/Defendant has preferred the present Original Side Appeal [as an aggrieved person] as against the Judgment dated 28.02.2017 in C.S.No.715 of 2012 passed by the Learned Single Judge.
2. Heard the Learned Counsel for the Appellant.
3. Since this Court is disposing of the present Original Side Appeal filed by the Appellant/Defendant, at the admission stage itself, it is not ordering notice to the Respondent/Plaintiff.
4. Appellant/Defendant's Contentions:
4.1. According to the Learned Counsel for the Appellant/Defendant, the Judgment of the Learned Single Judge in C.S.No.715 of 2012 dated 28.02.2017 in holding that 'the Respondent/Plaintiff Company are entitled to the amount towards the final Bill dated 27.03.2009 i.e. Rs.18,49,220/- with interest as claimed by them etc.,' is against law, facts and probabilities of the case.
4.2. The Learned Counsel for the Appellant/Defendant contends that by placing reliance on Ex.P4 dated 27.03.2009 and holding that it was a final Bill, the Learned Single Judge had committed an error in regard to the arising of cause of action for the Respondent/Plaintiff to file the suit in question.
4.3. Expatiating his submission
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