SANJIB BANERJEE, P.D.AUDIKESAVALU
K. Suresh Prabhu – Appellant
Versus
S. Ramesh – Respondent
JUDGMENT :
SANJIB BANERJEE, J.
Prayer: Appeals filed under Order 13 of the Commercial Court Act read with Clause 15 of the Letters Patent to set aside the order dated 10.03.2021 passed in Application No. 1652 of 2020 and O.A. No. 302 of 2020 in C.S. (Comm) No. 183 of 2020 on the file of this Court.
1. These appeals arise out of several interlocutory applications filed in a suit essentially seeking a money decree. The plaintiff is the appellant herein.
2. It is the plaintiff’s case that from time to time money was lent and advanced to the defendant for the defendant to purchase equipment to run a fitness centre. There is a document dated February 22, 2020 that the plaintiff has relied upon. Such document was apparently issued by the defendant and it forwarded to the plaintiff four post-dated cheques of a total value of Rs. 1.35 crore payable between July and October, 2020. According to the plaintiff, upon the first of such four cheques, for Rs. 30 lakh, being deposited, the same was dishonoured on the ground that the account had been closed. The plaintiff-appellant also makes out that he immediately instituted the suit without waiting for the three other cheques to mature for payment, s
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