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2023 Supreme(Mad) 3331

R. MAHADEVAN, MOHAMMED SHAFFIQ
St. Alfred Education Trust – Appellant
Versus
Kone Elevator India Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Parthasarathy, M. Muthappan.
For the Respondents: M.S. Krishnan, K.K. Muralitharan.

JUDGMENT :

R. MAHADEVAN, J.

1. This intra-court appeal is preferred by the appellant/defendant aggrieved by the order dated 05.02.2020 passed in Application No. 6100 of 2019 in C.S. No. 626 of 2006, whereby the application filed by them for setting aside the ex-parte decree dated 24.04.2009 passed in the suit was dismissed.

2. The respondent herein, as plaintiff, has filed the aforesaid suit against the appellant/defendant for the relief of recovery of Rs. 21,00,350/- (Rupees Twenty One Lakh Three Hundred and Fifty Only) with further interest on the principal amount of Rs. 11,90,000/- at 18% per annum from the date of plaint till the date of realisation.

3. For the sake of convenience, the parties are referred to hereunder, as per their litigative status in the suit in C.S. No. 626 of 2006.

4.......

    (i) According to the plaintiff as averred in the plaint filed by them, the defendant had placed indent for supply, erection and commission of 2 Nos. 8 Passengers capsule escalators for their project at DDJ Centre, Opposite to Vadaseri Bus Stand, Nagercoil, Kanyakumari District. Such an order was placed from the local office of the defendant at Chennai. The Plaintiff through their letter dated

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