2008 (12) TMI 797

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....sent of the parties, these appeals are taken up for final hearing. 2. By this common order we are disposing of the aforementioned appeals arising out of the impugned order dated 30th July, 2007 passed by learned Single Judge of this Court. 3. The facts of the case briefly stated are as follows: A. The appellants are stated to have been buying Carbon Black of various qualities being manufactured....

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....;B', were returned for insufficient funds and similarly after issuance of notice, proceedings under Section 138 of the NI Act were initiated. F. That the Respondent/plaintiff filed CS(OS) No. 443/2006 under Order XXXVII of the CPC claiming a total amount of ₹ 30,62,949.00 with interest from the appellant in RFA No. 90/2007, RFA No. 91/2007 and in RFA No. 92/2007. The suit was filed clai....

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.... per annum. 5. In our view and as per the admitted position, the disputes arose between the parties on account of the fact that the cheques issued as set out in Schedule A to the plaint filed under Order XXXVII of the Civil Procedure of Code (hereinafter to be referred as 'CPC') by the respondents/defendants amounting to ₹ 31,25,398/- were dishonoured. It is stated by learned Counse....