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2024 Supreme(Mad) 166

R. SUBRAMANIAN, R. SAKTHIVEL
Indus Ind Bank Limited Rep. By its Manager Chennai – Appellant
Versus
Sivakumar , Chennai – Respondent


Advocates appeared:
For the Appellant:E. Om Prakash, Senior Advocate for M/s. Ramalingam Associates, Advocate. For the Respondent:R1, SharathChandran for M/s. Govind Chandrasekhar, R3, G.V.Kalyanaraman, for M/s. Aiyar&Dolia, Advocates, R2, No appearance.

JUDGMENT

(Prayer: Appeal filed under Order XXXVI Rule 11 of Original Side Rules read with C1 XV of Letters Patent, to set aside the order of the learned Single Judge dated 09.06.2022 made in C.S.(Com.Div) No.591 of 2018.)

R. Subramanian, J.

1. This appeal is at the instance of the Bank which figured as the second defendant in C.S.(Comm.Div) No.591 of 2018.

2. For convenience, the parties will be referred to as per their rank in the Suit.

3. The plaintiff sued for recovery of a sum of Rs.1,15,09,628/- with interest at 18% on the principal amount of Rs.1,06,33,863/- from the date of plaint till the date of realization. According to the plaintiff, he had supplied Steel (TMT Bars) weighing about 2,55,540 Kgs at Rs.38.20 per kg to the first defendant under an Invoice dated 22.05.2017. A Bill of Exchange was drawn by the plaintiff and the same was discounted with the plaintiff's Banker, namely the third defendant. The third defendant on receipt of the Bill of Exchange, forwarded it to the second defendant, which is the Banker of the first defendant / purchaser seeking its acceptance for collection. According to the plaintiff, the second defendant initially accepted the Bill of

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