LAXMI NARAYAN GOBICHAND Vs. E. R. K. KRISHNAN

JUDGEMENT

(1.) The unsuccessful defendant before the trial Court as well as the First Appellate Court is the appellant in the present Second Appeal.

(2.) The parties are described as per their litigative status before the trial Court.

(3.) The plaintiff filed a suit for recovery of a sum of Rs.9,93,742.00, together with interest at the rate of 24% per annum. The said claim arises out of business transactions viz., sale of jaggery balls with the plaintiff between 27/8/2006 and 17/8/2007. According to the plaintiff, the defendant was liable to pay a total sum of Rs.5,91,320.00 as on 17/8/2007. However, the defendant issued a cheque for a sum of Rs.1,00,000.00 in part payment. The said cheque was dishonoured on presentation for the reason that the payment was stopped by the drawer himself on 6/8/2007. Since the defendant has failed to honor even the part payment of total amount due, the plaintiff has filed the suit for recovering the entire due from the defendant viz., Rs.5,91,320.00, together with interest at the rate of 24% per annum, from 18/8/2007 to 18/6/2010, totalling in all Rs.9,93,742.00 .