Advocates:
['M/S S S SWAMINATHAN', '', 'RA SRIVIDHYA', 'H S MOHAMED RAFI', 'M/S V S KESVAN', '', 'B SINGARAVELU', 'FOR SOLE RESPT']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

A.S.No.188 of 2010

Narayana Sathiya Siva Senathipathi

... Appellant/Defendant

Vs

Natarajan

... Respondent/Plaintiff

This appeal is filed under Section 96 and Order 41 Rule 1

and 2 C.P.C. against the judgement and decree dated 29.01.2008

passed by the learned Additional District & Sessions Judge, Fast

Track Court, Dharapuram in OS.No.4 of 2006.

For Appellant

: Mr.S.S.Swaminathan

For Respondent : Mr.V.S.Kesavan

J U D G E M E N T

The defendant in OS.No.4 of 2006, which is a suit for

recovery of money, is the appellant. The said suit was filed by

the respondent/plaintiff based on the promissory note dated

15.12.2002 under which, according to the appellant/defendant had

borrowed a sum of Rs.4,00,000/- agreeing to repay the amount

with interest at 12% per annum. According to the plaintiff he

issued a notice demanding the repayment on 08.09.2005 to which

the defendant sent a reply seeking a copy of the promissory note

on 13.09.2005. Immediately on 15.09.2005 a copy of promissory

note was sent to the counsel for the defend