Madras High Court
K.Ezhil Sezhian vs K.C.Kumar Raja on 21 August, 2023
C.R.P.(NPD)No.3615 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD)No.3615 of 2019
and
C.M.P.No.23663 of 2019
K.Ezhil Sezhian .. Petitioner
vs
K.C.Kumar Raja .. Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, against the Fair and decreetal order of dismissal
passed in I.A.No.199 of 2015 in O.S.No.4667 of 2015 by XV Additional
City Civil Judge at Chennai, dated 10.12.2015.
For Petitioner : Mr.K.Harikrishnan
For Respondent : Mr.C.Krishnamoorthy
ORDER
O.S.No.4667 of 2015 is a summary suit. It is based on a
promissory note of Rs.13,00,000/- executed by the civil revision
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C.R.P.(NPD)No.3615 of 2019
petitioner in favour of the respondent. The document was executed in
August 2012, to be repaid on demand with interest at the rate of 18% per
annum. The issuance of the promissory note is not in dispute.
2.The learned counsel appearing for the petitioner would submit
that while the execution of the document is not denied, he would state
that the petitioner and the respondent being partners in a Film business
had several financial arrangements between them. One such financial
arrangement was execution of the demand promissory note towards
security for raising of loans from third parties.
3.It is a categorical case that though the document was executed,
no money was transferred under the said document. It is pertinent to
point out that this defence was not pleaded at any point of time in his
application in I.A.No.199 of 2015 before the trial Court.
4.However, the plea that he has taken is that the demand
promissory note of such high value was not reflected in the statement of
accounts that has been maintained by the plaintiff.
5.The grant of leave was stiffly opposed by the plaintiff and
I.A.No.199 of 2015 was dismissed on 10.12.2015. In pursuance thereof,
an Execution Petition was filed in E.P.No.2514 of 2016 and the learned
counsel for the decree holder would bring to my notice that warrant of
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C.R.P.(NPD)No.3615 of 2019
arrest has also been issued.
6.Considering the fact that some tenable issue has been raised
though not an iron cast case for defence for grant of leave, I am inclined
to grant leave on the condition that the judgment debtor deposits 50% of
the decree amount claimed in the E.P. that is, an amount of
Rs.12,13,150/- to the credit of O.S.No.4667 of 2015. If the deposit is
made within a period of eight (8) weeks from the date of receipt of a
copy of this order, I.A.No.199 of 2015 will stand allowed. If the deposit
is not made, the Civil Revision Petition stands dismissed.
7.With the above directions, this civil revision petition is allowed.
No costs. Consequently, connected Miscellaneous Petition is closed.
21.08.2023
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
rjr/vs
To
The XV Additional City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.3615 of 2019
V. LAKSHMINARAYANAN,J.
rjr/vs
C.R.P.(NPD)No.3615 of 2019
and
C.M.P.No.23663 of 2019
21.08.2023
https://www.mhc.tn.gov.in/judis
