Union Trust and Investment Ltd. vs Ambalavanar Nithyanandaraja – CA NO. 263/2000 F-2013

In the case between Union Trust and Investment Ltd. (Plaintiff/Respondent) and Ambalavanar Nithyanandaraja, Ambalavanar & Sons (Defendant/Appellant), the court addressed the issue of recovery of a sum of Rs. 325,361.38 and a photocopy machine (or, in the alternative, its value of Rs. 85,000) based on an agreement executed and allegedly defaulted by the Defendant. It was held that, where an agreement is admitted and the Plaintiff has established its claim on the balance of probabilities, the absence of contrary evidence or witnesses from the Defendant justifies upholding the District Court’s findings. The principle reaffirmed is that appellate intervention is unwarranted where factual and legal findings are correctly determined at first instance. Reliance was placed on the sufficiency of un