Madras High Court
Srichand Chhabria vs Crown Rotmax Engineering Pvt.Ltd on 1 October, 2021
C.S.No.147 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.147 of 2020
Srichand Chhabria ... Plaintiff
-Vs.-
1.Crown Rotmax Engineering Pvt.Ltd.,
Rep.by its Director Sasikumar,
No.117, TTK Road,
Alwarpet, Chennai – 600 018.
2.Mrs.Kamali Rakesh Kumar
3.Ms.Reethika Rakesh
4.Mr.Reneesh R.
5.Mrs.Chandrakumari
6.Minor R.Rishika
(6th defendant impleaded as per order dated 05.08.2021
in A.No.2310 of 2021) ... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiff and as against the
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C.S.No.147 of 2020
defendants:
(a) directing the defendant to pay a sum of Rs.1,03,00,000/- with
future interest pending the suit and till the realisation of the amount by the
plaintiff;
(b) to grant permanent injunction restraining the defendants 2 to
5 or their men, agents, servants or any other person acting through them or
on their behalf from in any way alienating, encumbering or dealing with
the suit schedule property.
(c) Directing the defendants to pay the cost of this suit
For Plaintiff :
For Defendants : Ex-parte
JUDGMENT
The present Civil Suit has been filed by the plaintiff for the above
mentioned prayers.
2. The case of the plaintiff is as follows:
(a) The plaintiff is doing electrical business in the name and style of
Alfar International at 120, Govindappa Naickan Street, Chennai, for
the past 40 years and the 1st defendant is an electrical contractor doing
business in the name and style of M/s.Crown Electricals and he used to
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C.S.No.147 of 2020
buy goods from the plaintiff company for the past 30 years. On September
2018, Sasikumar and his son went to plaintiff's office and requested of
Rs.40 lakhs for 30 days and agreed to pay 3% interest and a memorandum
of understanding was entered between them and he states that first
defendant and his son agreed to repay the loan amount on or before
20.10.2018 but failed to repay and Rs.60,000/- has been paid toward
interest for 6 months. After making several requests, plaintiff sent a legal
notice on 10.06.2019 to first defendant but no response. On.09.05.2019,
the son of the 1st defendant died and thereafter the first defendant did not
come forward to settle the loan nor paid any interest. Hence plaintiff sent a
registered legal notice on 18.06.2019, again no response. The plaintiff
submits that now the legal heirs of the 1 st defendant's son (late) Rakesh
Kumar, are planning to sell the property. Hence, the plaintiff filed this suit
and application for grant of ad interim injunction.
3. The defendants 1 to 4 were set exparte by this Court vide order
dated 11.11.2020, as the conduct of the defendants shows that they are
purposefully evading the service and the 5th defendant was set exparte vide
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C.S.No.147 of 2020
order dated 14.09.2020 as she refused to receive notice.
5. In order to prove his case, the plaintiff filed proof affidavit and he
is examined as P.W.1 and got marked Exs.P1 to P12. Ex.P1 is the xerox
copy of sale deed in favour of Rakesh Kumar for suit scheduled property.
Ex.P2 is the original NEFT Transfer receipt to 1 st defendant. Ex.P3 is the
original NEFT Transfer receipt to 1st defendant. Ex.P4 is the original
memorandum of understanding between plaintiff and 1st defendant. Ex.P5
is the xerox certificate of registration issued by State Transport
Department. Ex.P6 is the original letter acknowledging receipt of Rs.20
lakhs by late S.Rakesh Kumar, Director Crown Rotamax Engineering
Pvt.Ltd. Ex.P7 is the original loan receipt for Rs.10 lakhs along with
Promissory Note given by S.Rakesh Kumar, Director Crown Rotmax
Engineering Pvt.Ltd. Ex.P8 is the original promissory note 5 numbers.
Ex.P9 is the original registered legal notice by plaintiff to 1st defendant.
Ex.P10 is the original registered legal notice by plaintiff to 1st defendant.
Ex.P11 is the copy of the register letter written by plaintiff to Sub-
Registrar, Thiruporur and I.G. of Registration. Ex.P12 is the xerox of
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C.S.No.147 of 2020
Punjab National Banks saving statement of plaintiff.
6. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiff has proved his case. Therefore, the plaintiff
is entitled to the relief as prayed for.
7. Accordingly, the Civil Suit is decreed as prayed for. No costs.
21.09.2021
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C.S.No.147 of 2020
Witnesses examined on
behalf of the Plaintiff:
P.W.1 – Mr.Senthil Kumar Premraj
Witnesses examined on
behalf of the Defendant:
None
Exhibits marked on behalf
of the Plaintiff :
Ex.P1 - photocopy of Aadhaar Card of the
plaintiff;
Ex.P2 - photocopy of Indian Passport of the
plaintiff;
Ex.P3/dated 29.03.2011 - photocopy of the Flight tickets of the
plaintiff;
Ex.P4/ dated 29.05.2011 - photocopy of the Flight tickets of the
defendant's parents;
Ex.P5/dated 05.07.2011 - photographs of the marriage between
plaintiff and the defendant;
Ex.P6 /dated 16.07.2011 - photocopy of reception invitation;
Ex.P7/dated 18.03.2015 - photocopy of memorandum of
Association of Grand World Elder Care
Pvt. Ltd;
Ex.P8/dated 05.07.2017 - photocopy of shareholder's agreement;
Ex.P9/dated 21.01.2019 - photocopy of the bank statement of the
plaintiff;
Ex.P10/dated 14.10.2019 - photocopy of the complaint for separate
support and maintenance filed by the
defendant;
Ex.P11/dated 01.11.2019 - photocopy of the E-mail received from
the defendant's lawyer;
Ex.P12/dated 10.02.2020 - photocopy of the consent order
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C.S.No.147 of 2020
appointing guardian ad item passed by the
Family Court, Seventh Judicial Circuit,
Docket No.2019-Dr-42-2875
dated 10.02.2020;
Ex.P13/dated 30.06.2020 - photocopy of the E-mail sent by the
guardian.
Exhibits marked on behalf
of the Defendant:
Nil
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C.S.No.147 of 2020
V.PARTHIBAN, J.
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C.S.No.211 of 2020
21.09.2021
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