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2021 Supreme(Mad) 3398

G.CHANDRASEKHARAN
V. Kannan, S/o. Veersamy – Appellant
Versus
G. Ramesh, S/o. Govindaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.S. Jayaganeshan for Mr. S. Muralikrishnan

JUDGMENT :

The Second Appeal is filed challenging the Judgment and Decree dated 26.02.2020 passed A.S.No.28 of 2017 by the learned I Additional District and Session Judge, Cuddalore, confirming the Decree and Judgment passed in O.S.No.72 of 2016 dated 07.03.2017 by the learned Principal Subordinate Judge, Cuddalore.

2. Respondent filed the suit for recovery of sum of Rs.1,35,667/- from the Appellant with the interest at the rate of 12% per annum from the date of Plaint till the date of Decree and thereafter at the rate of 6% per annum till the date of realization and for costs.

3. The brief case of the Respondent is that Appellant borrowed a sum of Rs.1,00,000/- from the Plaintiff on 31.03.2013 for his family expenses and executed a promissory note in favour of the Respondent, undertaking to repay the principal amount with interest at the rate of 12% per annum. Appellant has not paid any amount either towards principal or interest, despite repeated oral demand and inspite of causing a legal notice dated 02.03.2016. Appellant received the notice, but did not send any reply, no payment was also made. Therefore, Suit was filed.

4. Appellant filed written statement denying borrowal of Rs.1

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