Madras High Court
B.Prasad vs Sharmila on 2 August, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :02.08.2022
CORAM:
THE HON`BLE MR.JUSTICE A.A.NAKKIRAN
C.S.No.406 of 2017
M/s.Jasmine Foundations
Represented by its Partners,
1.B.Prasad
2.M.Dilip Kumar .. Plaintiff
vs.
1.Sharmila
2.Ramesh babu .. Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules read
with Order VII Rule 1 CPC praying for the following judgment and decree
against the defendants.
a) directing the defendants to pay a sum of
Rs.1,21,90,000/-(Rupees One Crore Twenty One Lakh
and Ninety Thousand only) (i.e., Principal
Rs.1,07,00,000/- (Rupees One Crore and Seven Lakhs
only) + interest amount till February 2017 Rs.14,90,000/-
(Rupees Fourteen Lakhs and Ninety Thousand only) with
further interest at the rate of 24% per annum for the
principal amount of Rs.1,07,00,000/-(Rupees One Crore
1/8
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and Seven Lakhs only) from the date of Plaint till the date
of realization to the plaintiff and
b) to pay the costs of the suit.
For Plaintiff : Mr.K.Dhananjayan
For Defendants : No appearance
JUDGMENT
The suit is filed for a direction directing the defendants to pay a sum
of Rs.1,21,90,000/-(Rupees One Crore Twenty One Lakh and Ninety
Thousand only) (i.e., Principal Rs.1,07,00,000/- (Rupees One Crore and
Seven Lakhs only) + interest amount till February 2017 Rs.14,90,000/-
(Rupees Fourteen Lakhs and Ninety Thousand only) with further interest at
the rate of 24% per annum for the principal amount of Rs.1,07,00,000/-
(Rupees One Crore and Seven Lakhs only) from the date of Plaint till the
date of realization to the plaintiff and to pay the costs of the suit.
2. The brief facts of the case of the plaintiff are as follows:
The plaintiff and 1st defendant entered into a Joint Venture agreement
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regarding the suit property on 13.03.2014 and the terms and conditions are
reduced in writing. The plaintiff has submitted that 48% of the land and
building to be allotted in favour of the 1st defendant and 52% of the land and
building shall be retained by the builders. The 1st defendant failed and
neglected to comply the terms and conditions of the Joint Venture
agreement. The plaintiff has paid a sum of Rs.57,00,000/- on 30.05.2014
being refundable security amount for which the defendants made
endorsement jointly in the said agreement. Despite repeated demands, the
defendants neglected to get the planning permission from the Chennai
Metropolitan Development Authority stating that it is not possible to get the
permission since it is an unapproved one. He further submitted that the 1st
defendant is the absolute owner of the property in S.No.32/1B (part). New
S.No.32/1B9A to an extent of 8058 sq.ft situated at Balaraman Road,
Parthasarathy Nagar, Manappakkam Village, Sriperumbudur Taluk,
Kancheepuram District and the said property obtained by the 1st defendant
by a deed of settlement registered as document No.9404 of 2010 in the Sub-
Registrar Office, Joint I, Saidapet.
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3. Thereafter, the defendants agreed to repay the amount of
Rs.1,07,00,000/- with 24% interest per annum since it is not possible to get
the planning permission from the authorities concerned. Later, the 2nd
defendant issued a cheque of Rs.60,00,000/- on 25.10.2016 being the
interest amount for the refundable security amount of Rs.1,07,00,000/-
drawn on Karnataka Bank Ltd., Ayanavaram Branch, Chennai and orally
agreed to pay the balance amount at the earliest. On deposit, the cheque was
returned on 02.12.2016 with an endorsement “Insufficient funds”. In
pursuant to the same, the plaintiff initiated legal proceedings against the 2nd
defendant under Sections 138 and 142 of the Negotiable Instruments Act
in C.C.No.67 of 2007 on the file of the Fast Track Court, Poonamallee.
Since the defendants have not come forward to pay the refundable security
amount with interest, this suit has been filed.
4. Subsequently, on the side of the plaintiff, Mr.B.Prasad,
S/o.R.Balan, who is the partner of M/s.Jasmine Foundations was examined
in chief as P.W.1 and Ex.P.1 to Ex.P.3 were marked. Inspite of several
opportunities given to the defendant, the defendant has not appeared before
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this Court for cross examination. The defendants had not filed their written
statement. Since there was no representation for the defendants, they were
set exparte on 17.12.2021.
5. Heard the learned counsel for the plaintiff and perused the records.
6. P.W.1, in his evidence has spoken about that he is seeking to pay a
sum of Rs.1,21,90,000/- including interest. Ex.P1 is the original Joint
Venture agreement dated 13.03.2014; Ex.P2 is the legal notice issued by
defendant counsel dated 26.11.2016. Ex.P3 is the office copy of the reply
notice issued by the plaintiff counsel dated 08.12.2016.
7. The defendant has failed to appear before this Court to establish his
case, despite several opportunities were given to him. Therefore, the
evidence of P.W.1 and documents filed on behalf of the plaintiff remain
unchallenged and there is no rebuttal evidence against the case of the
plaintiff. Hence, the plaintiff has proved its case.
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8. In the result, the suit is decreed as prayed for with costs.
02.08.2022
Index : Yes/No
Speaking/Non-speaking order
gv
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Witnesses examined on the side of the plaintiff:
P.W.1. - Mr.B.Prasad, S/o.R.Balan, who is the partner of
M/s.Jasmine Foundations.
Exhibits produced on the side of the plaintiff:
S.No. Exhibits Date Description
1. P-1 13.03.2014 Original Joint Venture agreement
2. P-2 26.11.2016 Original Legal notice issued by
defendant counsel
3. P-3 08.12.2016 The office copy of the reply notice
issued by the plaintiff counsel
Gv 02.08.2022
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A.A.NAKKIRAN,J.
gv
C.S.No.406 of 2017
02.08.2022
https://www.mhc.tn.gov.in/judis
