Madras High Court
The Puraawakkam Santhatha Sanga ... vs W.S.Rajalakshmi on 30 July, 2021
C.S.No.49 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.49 of 2010
The Puraawakkam Santhatha Sanga Nidhi Ltd.,
Rep by its Trustee N.Sankaranarayanan
No.49, Vellalar Street
Purasawakkam
Chennai – 600 084. ... Plaintiff
Vs.
1.W.S.Rajalakshmi
2.Dr.A.C.Subramaniam ... Defendants
Prayer : Civil Suit filed under Order IV Rule 1 of the Original Side
Rules read with Order VII Rules 1 of CPC., praying to pass a decree and
judgement against the defendants jointly and severally :
(a) directing the defendants to pay jointly and severally to the
plaintiff on or before the date to be fixed by this Court a sum
of Rs.70,53,791.10p together with interest at 21.6% p.a.,
from the date of plaint till the date of realization and costs
within the time stipulated by way of passing preliminary
decree;
(b) in default of payment of the said amount within the time
granted, this Court may be pleased to order for sale of the
schedule mentioned property and proceed later defraying
thereabout the expenses of the sale applied towards the
payment of the said principal, interest, penal interest,
interest tax and cost of the suit by way of passing final
decree;
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C.S.No.49 of 2010
(c) a direction that in the above case if the proceeds of the sale
of the schedule mentioned property are found to be
insufficient for payment of the decree amount in full, the
defendants may be ordered jointly and severally to pay the
plaintiff the amount of such deficiency with interest and cost
till realization by way of passing a personal decree against
them.
For Plaintiff : Mr.J.Jyothi
For Defendants : Mr.G.Appavu
JUDGMENT
The suit is laid for a recovery of a sum of Rs.70,53,791.10p with interest
@ 21.6% per annum from the defendants.
2. The case of the plaintiff is that the defendants are the owners of the
suit property and in order to discharge the debt owned by them to a
certain Mr.Bharath Mardia, and for expansion of the Clinic belonging to
the second defendant, they obtained a loan from the plaintiff to the tune
of Rs.11,00,000/- mortgaging their suit property on 18.08.1999. The
tenure of repayment is for 78 months and the agreed instalment is
Rs.26,400/- with 2% interest for the first 77 months and Rs.19,140/- for
the last month (i.e., 78th month). Since, the defendants defaulted in
repaying the loan amount from March ' 2000, the suit has been laid.
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C.S.No.49 of 2010
3. The defendants in this suit has laid C.S.No.787 of 2010, for return of
the mortgage property and the documents, in possession of the Nidhi
company. According to them, they are only liable to pay the mortgage
loan to the tune of Rs.8,30,698/- with interest at 21.6% per annum, and
hence, they are willing to repay Rs.26,58,236/- (i.e., Principal :
Rs.8,30,698/- + Interest : Rs.18,27,256/-).
4. Inasmuch as the defendants have admitted their liability to the tune of
Rs.26,58,236/-, this Court now passes the decree for the said sum. As to
the balance claim, the dispute has to go for trial.
5. Accordingly, the suit is partly decreed insofar his claim of
Rs.26,58,236/-, and as to its balance claim, the same can be adjudicated
in the trial. No costs.
30.07.2021
ds
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.S.No.49 of 2010
N.SESHASAYEE.J.,
ds
C.S.No.49 of 2010
30.07.2021
https://www.mhc.tn.gov.in/judis/
