S. Santhosh Kumar vs V. Sakthivel - 2025 Supreme(Mad) 4779

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4779

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.HEMALATHA
S. Santhosh Kumar – Appellant
Versus
V. Sakthivel – Respondent

Advocates Appeared:
For the Appellant : C. Veeraraghavan

JUDGMENT :

R. HEMALATHA, J.

1. The appellant is the defendant in O.S.No.343 of 2005, on the file of the Principal Sub Court, Coimbatore. The respondent / plaintiff filed the suit for recovery of a sum of Rs.1,15,000/- from the appellant / defendant together with interest at the rate of 12% per annum on the principal amount of Rs.1,00,000/- from the date of plaint. The suit is based on the promissory note dated 29.04.2004 (Ex.A1).

2. For the sake of convenience, the parties are referred to as per their rank in the trial court and at appropriate places, their rank in the present second appeal would also be indicated.

3. The case of the plaintiff in a nutshell is as follows :

The defendant borrowed a sum of Rs.1,00,000/- from the plaintiff on 29.04.2004 and executed a promissory note (Ex.A1) on the same day promising to repay the principal together with interest at the rate of 12% per annum on demand by the plaintiff or to his order. Though the plaintiff made repeated demands to the defendant to repay the amount due under the promissory note (Ex.A1) together with interest, the defendant did not come forward to make good the payment. Therefore, the plaintiff was constrained to issue a legal