GEORGE P.P. Vs. JOY PAUL

JUDGEMENT

(1.) This appeal is against the common order passed in I.A. 1841/94 and LA. 2403/94 in O.S. 194 of 1994 on the file of Additional Sub Court, N. Parur. Plaintiff is the appellant.

(2.) The appellant filed a suit for realisation of Rs. 2,76,145 from the first respondent defendant. The appellant alleged that the first respondent had issued two cheques and these cheques were dishonoured when presented for payment and the same were issued in repayment of a loan advanced by him to the first respondent. According to him, the first respondent had borrowed Rs. 2.50,000 as loan from the appellant agreeing to repay it within five months. When the cheques were dishonoured the appellant filed suit for money and along with the suit sought attachment of an amount of Rs. 3,75,000 out of the bill amount due to the first respondent from the office of the 3rd respondent, the Executive Engineer, PWD (Road Division), Idukki, by filing LA. No. 1841 of 1994. The interim attachment was allowed for an amount of Rs. 3,00,000.

(3.) First respondent filed objection denying the loan transaction with the appellant. He admitted that he was a contractor and some amounts are due to him from the office of the 3rd respondent towards the work done by him. But he contended that during the course of the work he had applied for financial assistance from the 2nd respondent, the Merchants Association, Thodupuzha and they advanced money for the work and in consideration of that the first respondent executed an irrevocable power of attorney in favour of the Merchants' Association. Thodupuzha and there by the Association was authorised to receive all amounts in respect of the contractor.