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2024 Supreme(Online)(KER) 32001

HIGH COURT OF KERALA
VALSALA KUNJAMMA & OTHERS – Appellant
Versus
ART LEASING LIMITED & ANOTHER – Respondent


JUDGMENT

The appeal is filed by the defendants 1 to 4 in O.S.No.76 of 2009 of the Sub Court, Chengannur. The suit was filed by the 1st respondent Company against the appellants and the 2nd respondent for return of money advanced. According to the plaintiff, the husband of the 1st defendant had availed of loans to which the 5th defendant was a guarantor. The husband of the 1st defendant and 5th defendant had together executed two promissory notes, which are produced as Exts.A13 and A14. PW1 is the power of attorney holder who was examined as witness on behalf of the plaintiff. The plaintiff has also produced several documents showing hypothecation and receipt of money by the husband of the 1st defendant. According to the plaintiff, the husband of the 1st defendant had approached the plaintiff during June, 2007 and had promised to wipe off the liability by October, 2007. It is stated that after ascertaining the amount that would be due by then, a cheque was issued with the date 15.10.2007. The cheque has been produced as Ext.A2. Unlike the other documents relating to the loan, the cheque has been signed only by the husband of the 1st defendant. The defendants filed written statement

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