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2024 Supreme(Online)(AP) 12917
[ 3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA R FIRST APPEAL NO: 2428 OF 2000 AND CROSS OBJECTIONS (SR) No.80527 of 20 Appeal againsgt the Judgement and decree dated 30-6-00 in OS>No.399/82 on th of the court of the Prl. Sr. Civil Judge Guntur.
Between:
1. M/S LALITHTRADERS, Rep by Sri Lalit Kumar, S/o Modmal Jain SO PROPRITOR O/o Gantalammachettu Street, Guntur-3 ...APPELLANT AND
1. SRI MAHAVEER TRADING CO & ANOTHER, rep by Sri Misrimal Sole Proprietor (Since Closed)
2. Sri Misrimal,, S/o Jassaji Jain, Footwear Shop Mangalwarpet, jathpet Post S dist.
...RESPONDENTS I.A. NO: 1 OF 2000(CMP. NO: 17356 OF 2000)
Petition under Section 151 CPC praying that in the circumstances stat the affidavit filed in support of the petition, the High Court may be pleased to pa order of injunstion restraining the respondent No.2 his agents and anubody acting on his behalf from alienating or create charge on the petitioner /sch pro[perties in OS.No.399/89 the court of the Prl Sr. Civil Judge Guntur, pe disposal of the appeal I.A. NO: 2 OF 2001(CMP. NO: 10376 OF 2001)
Petition under Section 151 CPC praying that in the circumstances stat the affidavit filed in support of the petition, the High Court may be pleased to an order staying all further procedings in pursuance of the judgement and dec OS.No.399/89 passed by the Principal Sr Civil Judge at Guntur Dt:30-6-0 finalisation of the AS.No.2428/00 and the cross objection filed therin in the int of justice I.A. NO: 1 OF 2001(CMP. NO: 7458 OF 2001)
Petition under Section 151 CPC praying that in the circumstances stat the affidavit filed in support of the petition, the High Court may be pleased to an order fixing an early date for hearing of the above appeal and to pass I.A. NO: 2 OF 2000(XOBJ. NO: 80527 OF 2000)
The Court made the following:
JUDGMENT:-
Aggrieved by the Decree and Judgment, dated 30.06.2000, passe O.S.No.399 of 1989 by the learned Principal Senior Civil Judge, Guntur, wherei the trial Court decreed the suit with costs for an amount of Rs.1,30,906/-
with subsequent interest at the rate of 6% per annum from the suit till the da realization, against the interest portion awarded by the learned trial Judge instant appeal is filed by the plaintiff in O.S.No.399 of 1989 on the file of Principal Senior Civil Judge, Guntur.
2. The Cross Objections are filed by the defendants by challenging Decree and Judgment passed by the trial Court.
3. Both the parties in the Appeal will be referred to as they are arrayed b the Trial Court.
4. Brief averments of the plaint, in O.S.No.399 of 1989, are as under:-
The plaintiff is a sole proprietary concern dealing with tobacco and st business and the 1 defendant firm through the second defendant opened kh with the plaintiff and borrowed the amounts periodically for the purpose business. The plaintiff further pleaded that the amount was borrowed by the st defendant on behalf of the 1 defendant. The plaintiff firm used to lend monie nd the 2 defendant by way of cheques namely, the plaintiff firm paid an amount Rs.50,000/- on 01.10.1987, an amount of Rs.25,000/- on 17.02.1988, an am of Rs.20,000/- on 29.02.1988 and an amount of Rs.35,000/- on 19.04.198 total, the plaintiff firm paid an amount of Rs.1,30,000/-. The plaintiff furth nd st pleaded that the 2 defendant represented by the 1 defendant agreed to the interest at the rate of 18% per annum on the amounts borrowed.
5. It is the further case of the plaintiff that on 10.11.1988, on the da st Deepavali, the accounts were settled and the 1 defendant firm became liable st pay a total sum of Rs.1,41,578-65 paise to the plaintiff and later the 1 defen paid an amount of Rs.25,000/- on 25.11.1997 and another sum of Rs.578 paise on 07.11.1987 to the plaintiff which was duly credited to the account of first defendant. As per the khata details of the defendants maintained b plaintiff, the defendants has to pay a sum of Rs.1,30,906/- towards outstand total amount. It was further alleged that despite of several demands made b nd
6. The 2 defendant filed a written statement and the same was adopted st the 1 defendant.
nd
7. The brief averments of the written statement filed by 2 defendant, which st was adopted by the 1 defendant, are as follows:-
nd The D1 is a sole proprietary concern and the 2 defendant is its proprieto nd The 2 defendant indebted to various creditors for a total sum of Rs.13,00,00 nd As the 2 defendant would not be able to satisfy all the creditors, he calle creditors for a meeting on 22.06.1984 and there was an oral compos nd arrangement to that effect that the 2 defendant should be given time
22.10.1989, by which time he would pay the creditors by selling the proprieties otherwise.
8. Based on the above pleadings, the trial Court framed the following issues:
1. Whether the agreement dated 12.06.1984 as pleaded in written statement is true and valid?
2. To what relief?
9. During the course of trial in the trial Court, the proprietor of the plaintiff was examined as PW1 and got marked as Exs.A1 to Ex.A5. On behalf of defendants DWs.1 to 3 were examined and no documents were marked.
10. Heard learned counsel for the appellant. No representation on beh the respondents.
11. Now the point to be determined in the appeal proceedings i follows:
1. Whether the trial Court is justified in decreeing the suit whether the decree and judgment, dated.30.06.2000 in O.S.No.39 of 1989 passed by the trial Court needs any interference?
POINT:-
12. The undisputed facts are the plaintiff is a sole proprietary concern, deal st with Tobacco and other business and the 1 defendant is a firm represente nd st the 2 defendant and the 1 defendant opened a khata with the plaintiff, it is nd st undisputed that the 2 defendant represented by the 1 defendant borrowed amounts from the plaintiff proprietary concern and t
