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2010 Supreme(Online)(KER) 21390

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
DIKSON ELIAS & ANOTHER – Appellant
Versus
M V JACOB @ YACOB – Respondent


JUDGMENT

These appeals are at the instance of defendant Nos. 1 and 2, husband and wife who successively lost in the courts below. Respondent/plaintiff, himself a private financier claimed to have deposited various amounts with M/s. Meckamaliyil Financiers, Nellikuzhi said to be a proprietary concern of appellant No.1 on various dates and which according to the respondent was payable on demand with interest at the rate of 18% per annum. According to the respondent, after the deposits were made there was love lost between him and appellant No.1 which resulted in registration of some criminal cases. In the year 2004, respondent demanded payment of the amount with interest at the rate of 18% per annum. Notices were replied by appellant No.1 contending that there was neither any deposit nor any agreement to pay interest. Alleging that the various amounts are payable to the respondent and that to defeat the claim of respondent, appellant No.1 has fraudulently transferred the property scheduled in the plaint and belonging to him to his wife, appellant No.2 without consideration, respondent filed suits for recovery of the various amounts with interest at the rate of 18% per annum and charge

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