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2024 Supreme(Mad) 2197

R. SUBRAMANIAN, R. SAKTHIVEL
R. Venkatesan @ Venkatesh – Appellant
Versus
Jitesh Kumar Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.C.R.Prasanan
For the Respondent: Mr.C.P.Sivamohan

JUDGMENT :

R.SUBRAMANIAN, J.

Prayer : Appeal filed under Section 96 of the Civil Procedure Code, against the judgment and decree dated 28.08.2023 in O.S.No.109 of 2021 on the file of the VI Additional City Civil Court, Chennai.

With the consent of the counsel on either side, the appeal itself is taken up for final disposal since the records of the trial Court has been received.

2. Challenge in this appeal is to the decree for payment of money granted by the trial Court in O.S.No.109 of 2021 in favour of the respondent herein. The respondent/plaintiff sued for recovery of a sum of Rs.34,40,000/-allegedly due under a promissory note dated 25.12.2017 with interest at 12% per annum on the sum of Rs.20,00,000/- from the date of plaint till date of realisation.

3. The substance of the averments in the plaint is as follows:

The defendant and his brother Mr.R.Govindaraj had moved the plaintiff's father Manohar Jain who was a money lender. On the recommendation of the said Govindaraj and upon request by the defendant, the plaintiff's father advanced a sum of Rs.5,00,000/- to the defendant during October 2013. As a security for repayment of the said sum of Rs.5,00,000/- with interest at 24% per an

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