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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda
S.Kumaraswamy – Appellant
Versus
Kapil Chit Fimds Pvt Lt. – Respondent
JUDGMENT :
Narsing Rao Nandikonda, J.
This first appeal is filed by the appellant/defendant No.1 under Section 96 of the Civil Procedure Code, 1908 (for short, ‘the CPC’) aggrieved by the judgment and decree dated 10.08.2010 passed in O.S. No.418 of 2006 on the file of the learned First Additional Senior Civil Judge, Warangal, wherein the said suit filed by the respondents/plaintiffs was decreed.
2. Heard Sri C.M.R. Velu, learned counsel appearing for the appellant and Sri K.P. Vijay Kumar, learned counsel for respondent No.1 who appeared virtually.
3. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.
4. The brief facts of the case are that the plaintiff, who is the Chit Fund Company registered under the Companies Act, has filed a suit against defendant No.1 herein and respondents No.2 to 8 for recovery of a sum of Rs.7,57,889/- together with subsequent interest at the rate of 12% per annum and for costs. Defendant No.1 joined as a member of the chit bearing No.WMT 40 M 50. The value of the chit is Rs.10,00,000/- which is to be paid in 50 installments at Rs.20,000/- per month. Accordingly, he executed an agreement of chit in favour of the p
The legal representation of companies in litigation must adhere to proper authorization protocols, confirmed by board resolutions and compliance with the Civil Procedure Code.
A plaintiff cannot file a suit against an unregistered chit fund for recovery of money, highlighting the necessity of a valid Board resolution for instituting a suit on behalf of a company.
The plaintiff failed to prove the execution of Exs.a-4 and a-5 by the 2nd defendant, and therefore, the plaintiff is not entitled to claim the suit amount from the 2nd defendant.
The liability of sureties is co-extensive with that of the principal borrower, and the execution of the agreement of guarantee and pronote by the defendants establishes their joint liability to pay t....
The legal principle of presumption when a party does not offer to be cross-examined was crucial in assessing the defendants' allegations.
(1) Chit amount – having executed Exs. B2 & B5, the complainant is estopped from claiming the chit amount.(2) Documentary Evidence – When the opposite party has come up with such documentary evidence....
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