Madras High CourtAS(MD)/139/2015partly allowed

R.Sampath, M/57, v. M/S.Indian Oil Corpn Ltd, Rep.

2021-08-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.139 of 2015 R.SAMPATH ... Plaintiff/Appellant Vs M/S.INDIAN OIL CORPN LTD, REP. BY ITS DEPUTY MANAGER (RETAIL SALES), SALEM. ... Defendant/Respondent Prayer :- Appeal Suits filed under Order 41 Rule 1 and Section 96 of the Civil Procedure Code, praying to set aside the judgment and decree passed in O.S. No.11 of 2011, dated 11/12/2014 on the file of the Principal District Court, Karur.

Decree:- This Appeal Suit coming on for final hearing on this day, upon perusing the grounds of Appeal, the judgments and decree of the Principal District Court, Karur, and the material pepers in the suit and upon hearing the arguments of MR. T. Selvan for Mr. C. Mayil Vahana Rajendran, advocate for the appellant and for Mr. K. Muraleedharan for the respondent, while partly allowing this appeal this court doth order and decree as follows:-

1) that the appellant is directed to pay a sum of Rs.5,98,930/- with interest at the rate of 9% per annum from 04/02/2008 till the date of plaint and thereafter, at the rate of 6% per annum from the date of realization.

2) that there be no costs in the appeal.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Principal District Judge, Karur.

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Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-25133 dated 03/08/2021 ) ORDER DATED : 02/08/2021 ========================== DECREE ========================== AS(MD). No.139 of 2015 Nature of Decree:- Partly allowing the Appeal Suit of the above set aside the judgment and decree passed in O.S.

NO.11 of 2011, dated 1/12/2014 on the file of the Principal District Court, Karur etc., as stated within.

MGJ(09.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/