R P CHINNAMANI NADAR Vs. LTHOMAS NADAR

JUDGEMENT

(1.) IN these two appeals, the plaintiff/appellant has challenged common order dated 5th Nov. , 2004, by which applications for temporary injunction and for furnishing security were rejected by learned Judge.

(2.) PLAINTIFF/appellant has preferred the suit in question, C. S. No. 479/03 directing the defendant/respondent to pay plaintiff a sum of Rs. 30,81,500/= together with further interest on Rs. 20 lakhs at the rate of 18% per annum from the date of plaint till the date of realisation apart from cost of the suit. In the said suit, O. A. No. 619/03 was preferred by plaintiff/appellant for interim injunction restraining the defendant/respondent from alienating the property measuring 61 cents situate in No. 15, Vadakarai Village, Saidapet Taluk and another application No. 2911/03 was also filed by plaintiff/appellant for furnishing security to the tune of Rs. 35 lakhs failing which to attach property measuring 61 cents in No. 15, Vadakarai Village, Saidapet Taluk. Both the applications were rejected by learned single Judge, as stated above.

(3.) THE plaintiff/appellant claimed that the respondent borrowed a sum of Rs. 25 lakhs promising to pay with interest at the rate of 36% per annum within one year from 23rd June, 1998. A deed of undertaking is stated to have been executed by the respondent on the said date, i. e. , 23rd June, 1998. Further sum of Rs. 20 lakhs was also borrowed by respondent from him. A letter of understanding stated to have been executed by respondent in this regard on 31st March, 2000 undertaking that the payment of Rs. 20 lakhs would be paid on or before 10th June, 2000.