T.VIJAYA RAGHAVAN Vs. SETHU RAMAPANDIYAN

JUDGEMENT

(1.) The first defendant is the appellant in this Appeal Suit. This appeal has been filed against the Judgment and Decree passed by the learned Additional District Judge (Fast Track Court No.II), Tirunelveli, made in O.S.No.45 of 2006.

(2.) The 1st respondent/plaintiff filed the suit seeking for the relief of recovery of a sum of Rs.25,00,000.00 with interest @ 12% per annum against the appellant. The case of the plaintiff is that he is well known to the appellant and the appellant was running a Medical College at Secunderabad, Andhra Pradesh. The further case of the plaintiff is that the appellant promised to get medical seats to nearly 13 persons, who were introduced to the appellant by the plaintiff. In the guise of getting medical seats, the appellant received a sum of Rs.25,00,000.00 in total from all the persons introduced by the plaintiff. It is stated that the appellant went back on the promise and he did not return back the money immediately. Hence, the plaintiff settled the entire amount and the appellant promised that the entire amount will be settled in favour of the plaintiff within a month.

(3.) The appellant, pursuant to the promise given to the plaintiff, gave four demand drafts totalling a sum of Rs.25,00,000.00. The plaintiff deposited three of the demand drafts totalling a sum of Rs.20,00,000.00 before the 5th defendant bank. When the same was sent for collection to the 4th defendant bank, the demand drafts were returned with an endorsement "demand draft reported lost". The plaintiff attempted to get in touch with the appellant, but the appellant was not reachable and hence left with no other option, the suit was filed seeking for the recovery of money along with interest.