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2024 Supreme(Mad) 369

P. B. BALAJI
Laxmi Narayan Gobichand @ Lakshmilal Gopilalji Gurjar – Appellant
Versus
E. R. K. Krishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.S. Kesavan.
For the Respondent: M. Guruprasad.

JUDGMENT :

P.B. BALAJI, J.

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree passed in A.S. No. 80 of 2014 dated 25.01.2016 on the file of the II Additional District Judge Court, Erode confirming the judgment and decree passed in O.S. No. 230 of 2010 dated 19.10.2012 on the file of II Additional Sub Judge Court, Erode and to allow this Second Appeal.

1. The unsuccessful defendant before the trial Court as well as the First Appellate Court is the appellant in the present Second Appeal.

2. The parties are described as per their litigative status before the trial Court.

3. The plaintiff filed a suit for recovery of a sum of Rs. 9,93,742/- together with interest at the rate of 24% per annum. The said claim arises out of business transactions viz. sale of jaggery balls with the plaintiff between 27.08.2006 and 17.08.2007. According to the plaintiff, the defendant was liable to pay a total sum of Rs. 5,91,320/- as on 17.08.2007. However, the defendant issued a cheque for a sum of Rs. 1,00,000/- in part payment. The said cheque was dishonoured on presentation for the reason that the payment was stopped by the drawer himself on 06.

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