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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATTHISH KUMAR
K.V. Murugesan – Appellant
Versus
S.S. Maniyan – Respondent
| Table of Content |
|---|
| 1. plaintiff's money recovery claim (Para 1 , 2) |
| 2. details of sale agreement and payments (Para 3) |
| 3. defendant's denial of agreement (Para 4) |
| 4. evidence and trial court's finding (Para 5) |
| 5. claim of suit barred by limitation (Para 7 , 9 , 10) |
| 6. court's points of consideration (Para 8 , 14) |
| 7. counter-arguments regarding cheque validity (Para 12 , 13) |
| 8. agreement execution and acknowledgement (Para 15 , 16 , 17 , 18) |
| 9. cheque issuance relationship and evidence (Para 19 , 20) |
| 10. interpretation of cheque as promise (Para 21 , 22) |
| 11. importance of implied promises in contract act (Para 24 , 25 , 27) |
| 12. presentment requirements of the negotiable instruments act (Para 28 , 29 , 30 , 31 , 32) |
| 13. conditions under which presentment is unnecessary (Para 34 , 36) |
| 14. conclusion on appeal dismissal (Para 52) |
JUDGMENT :
N. Satthish Kumar, J.
1. The sole defendant before the trial court who suffered a money decree is the appellant. The sole respondent is the plaintiff before the trial court.
2. The suit in O.S.No.585 of 2019 was filed by the respondent/plaintiff for recovery of a sum of Rs.13,23,333/- from the defendant with subsequent interest on principal sum of Rs.10,00,000/- at the
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