R.PONGIAPPAN
Raj Yamaha, A registered Partnership Firm, Rep. by its Partners, A. Jagadish – Appellant
Versus
Rajkumar, Proprietor, Raj Yamaha – Respondent
JUDGMENT :
(Prayer: Application filed under Order XIV Rule 12 of Original Side Rules read with Section 151 of C.P.C., to set aside the order passed by the learned Master dated 10.03.2020 made in Application No.8907 of 2019 in C.S.No.491 of 2019.)
1. Aggrieved over the order dated 10.03.2020 in Application No.8907 of 2019, passed by the learned Master, the present application has been preferred before this Court.
2. The defendants 1 and 2 in Civil Suit No.491 of 2019, are the applicants herein. Initially, the respondent / plaintiff in this application has filed this suit against the applicants / defendants in C.S.No.491 of 2019, for a recovery of Rs.4,59,50,225/- together with interest at 24% per annum, on the principal sum of Rs.4,18,00,000/- from the date of plaint to till the date of realisation, alleging that the cheques pertaining to the suit, issued by the applicants/defendants in his favour, was return unpaid. Further, it was alleged on behalf of the respondent/plaintiff that the said cheques issued in his favour, were only to discharge their liability, which had arisen due to the purchase of showroom.
3. The said suit has been filed under Order XIV Rule 1 of Original Side Rules
IDBI TRUSTEESHIP SERVICES LTD. vs. HUBTOWN LTD. reported in (2017) 1 SCC 568
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