Shriram Chits Limited vs. M.L.Chennamma
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble D Ramesh
Listed On:
24 Feb 2020
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Order Text
THE HON'BLE SRI JUSTICE D.RAMESH
SECOND APPEAL No.536 OF 2009
JUDGMENT:
Appellant is the plaintiff in suit O.S.241 of 2004.
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Plaintiff filed suit for recovery of amount of Rs.19,103/- being the principal and interest chit amount due on a pronote dated 15.3.2001 executed by the defendants 1 to 5 infavour of the plaintiff for Rs.1,38,000/- repayable with interest at 18%pa in 46 monthly instalments.
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The main contention of the plaintiff was that whether the 1st defendant deposited an amount of Rs.25,000/- with the plaintiff as loan amount.
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On consideration of the PW1's cross-examination and the admission made by him that he has admitted about the deposit of amount of Rs.25,000/- with the plaintiff company and relevant evidence in the cross-examination is hereunder:
"It is true that we used to ask the successful bidder to deposit some amount as security in the Plaintiff company. It is true, the 1st defendant has deposited an amount of Rs.25,000/- as security. Ex.B1 is the account extract issued by us to the account of the 1st Defendant. It is true that the amount it was deposited by the 1st Defendant is shown as FDR Lien details under Ex.B1. The said deposit amount including its accrued interest it becomes an amount of Rs.43,630/- as on 22.12.2004".
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Inview of the evidence of PW1 and the security deposit of amount with the plaintiff company which became Rs.43,630/- with accrued interest and therefore the plaintiff was given liberty to adjust as per the statutory provisions of the said deposit amount and in the result, the suit is dismissed without costs. As against the plaintiff has filed the appeal A.S.No.20 of 2007 in the Court of Senior Civil Judge, Gooty. After careful consideration of the pleadings and documents and the evidence adduced by both the parties, the appeal is also dismissed.
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As against the concurrent findings, the second appeal is filed by the appellant.
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After hearing the arguments of learned counsel for appellant, I found no grounds to interfere with the appeal and inview of the findings given in the trial court and liberty given by the trial court as there is no substantial question of law involved in the matter, the second appeal is dismissed.
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Inview of the disposal of the above second appeal, the miscellaneous applications if any, which are pending, are also closed.
_____________________ JUSTICE D.RAMESH
Dt: 24.02.2020 Rd
THE HON'BLE SRI JUSTICE D.RAMESH
SECOND APPEAL No.536 OF 2009
Dated: 24.02.2020
Rd