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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
T.M. Raju – Appellant
Versus
Greater Hyderabad benifit Fund Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties (Para 1 , 2 , 3) |
| 2. details of the loan transaction and plaintiff's claim (Para 4) |
| 3. defendant's denial and counterclaims (Para 5) |
| 4. issues framed by the trial court (Para 6) |
| 5. trial court's decision (Para 8) |
| 6. appeal allowed; original judgment set aside. (Para 9 , 23) |
| 7. court's findings on contradictory claims and fraud. (Para 10 , 13) |
| 8. arguments and defenses raised by the appellant (Para 12 , 14 , 18) |
| 9. defendant's denial of liability and claim of settlement agreement. (Para 15 , 16) |
| 10. court's analysis of contradictory pleadings (Para 17 , 19 , 20 , 21) |
| 11. conclusion of the appeal and order (Para 22) |
JUDGMENT :
G.RADHA RANI, J.
This appeal is filed by the appellant-defendant aggrieved by the judgment and decree dated 23.10.2002 passed in O.S No.163 of 2000 by the XI Additional Chief Judge, City Civil Court (FTC), Hyderabad.
2. The respondent is the plaintiff.
3. For the sake of convenience, the parties are hereinafter referred as arrayed before the trial court.
4. The plaintiff filed the suit for recovery of money of Rs.5,88,000/- with interest at 24% per annum. The plaintiff was a finance company registered under the Companies A
A guarantor is not liable for a loan if it is proven that the principal borrower did not receive the funds, especially when the plaintiff's claims are contradictory.
1) OP.1 & 2 being the bankers of OP.3 if acted upon on the request of OP.3 being his service provider, stopped payment, which could not be said either unfair trade practice or deficiency in service o....
The court ruled it lacked jurisdiction over the case and returned the plaint for re-filing in the appropriate venue.
Cheques may constitute mode of payment by plaintiff and they may constitute evidence of transaction of loan, but they cannot said to be basis of money suit.
“In new of facts and circumstance of the case if mater is found to be a subject of fresh consideration, remand of matter held justified.”
A cheque issued in discharge of a legally enforceable liability constitutes basis for recovery under Section 138 of the N.I. Act, irrespective of prior acquittals in criminal cases.
Ld. Distt. Forum ought to have gone through materials on record properly and given its finding.Ld. Distt. Forum did not take pleadings in consideration and evidence of both parties with proper perspe....
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