Arumugam Sivan and another vs People’s Leasing Company Limited – SC CHC APPEAL 12/2015-2024

This case involves an appeal against a Commercial High Court judgment that ordered the 2nd and 3rd Defendants (guarantors) to pay a sum of Rs. 3,450,322.99 plus interest to the Plaintiff. The 1st Defendant (hirer) was not proceeded against due to an inability to serve summons. The legal issues addressed were thePlaintiff’s decision to proceed solely against the guarantors and the validity of the Statement of Accounts (P6 A) as evidence. The appeal was dismissed.

P. PADMAN SURASENA, J. heard submissions from the 2nd and 3rd Defendant-Appellants and the Plaintiff-Respondent. The Plaintiff sought recovery of Rs. 3,450,322.99 plus interest from three defendants, but proceeded only against the 2nd and 3rd Defendants (guarantors) as the 1st Defendant (hirer) could not be served. The Commercia