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2024 Supreme(Mad) 177

D. KRISHNAKUMAR, P. DHANABAL
K. Aranganathan – Appellant
Versus
Aramex India Private Limited (Branch Office) represented by its Manager, Chennai – Respondent


Advocates appeared:
For the Appellant:R. Thirugnanam, Advocate. For the Respondents:M.S. Seshadri, Advocate.

JUDGMENT

(Prayer: This Appeal is filed under Section 13(1) of Commercial Courts Act, praying to set aside the Judgment and Decree dated 02.08.2022 made in C.O.S.No.166 of 2022 on the file of Commercial Court at Egmore, Chennai and allow this appeal.)

P. Dhanabal, J.

1. This Appeal has been preferred as against the Decree and Judgment passed in C.O.S.No.166 of 2022 on the file of Commercial Court, Egmore dated 02.08.2022, whereby the trial Court dismissed the suit and allowed the counter claim in part by directing the plaintiff to pay a sum of Rs.3,73,390/- (Rupees three lakh seventy three thousand three hundred and ninety only) to the defendant with interest at the rate of 12% per annum from the date of plaint (i.e. 13.8.2018) till the date of decree (i.e., 2.8.2022) and thereafter with subsequent interest at the rate of 6% per annum .

2. As against the said Decree and Judgment the plaintiff has filed this appeal.

The gist of the plaint averments:

    The plaintiff is the owner of the premises of an extent of 4743 sq.ft in Plot No.1, Poomagal Street, Ekkattuthangal, Chennai. The second defendant is the Head Office and its Branch Office is the first defendant. The

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