Madras High Court
P. S. Sengottu Velu vs Poongodi on 23 August, 2023
C.R.P. No. 1358 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :23.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. Nos. 1358,1359 and 1362 of 2023
P. S. Sengottu Velu ...Petitioner in all C.R.P's
.Vs.
1. Poongodi
2. S.V. Sivakumar
3. M. Muthusamy
4. N. Jayabalamurugan
5. V. Palraj
6. S. Indra ..Respondents in C.R.P. Nos. 1358 of 2023
1. R. Kailasa Gounder
2. S.V. Sivakumar
3. M. Muthusamy
4. N. Jayabalamurugan
5. Palraj ..Respondents in C.R.P. Nos. 1359 of 2023
https://www.mhc.tn.gov.in/judis
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C.R.P. No. 1358 of 2023
1. Nainamalai
2. S.V.Sivakumar
3. M. Muthusamy
4. N. Jayabalamurugan
5. V. Palraj
6. S. Indra ..Respondents in C.R.P. Nos. 1359 of 2023
Prayer in C.R.P. Nos. 1358 of 2023: This Civil Revision Petition is filed
under Article 227 of the Constitution of India to set aside the impugned
order dated 28.01.2022 in I.A.No.435 of 2017 in OS.No.239 of 1998 on
the file of the Principal Subordinate Judge, Salem and to pass orders.
Prayer in C.R.P. Nos. 1359 of 2023: This Civil Revision Petition is filed
under Article 227 of the Constitution of India to set aside the impugned
order dated 28.01.2022 in I.A.No.432 of 2017 in OS.No.239 of 1998 on
the file of the Principal Subordinate Judge, Salem and to pass orders.
Prayer in C.R.P. Nos. 1362 of 2023: This Civil Revision Petition is filed
under Article 227 of the Constitution of India to set aside the impugned
order dated 28.01.2022 in I.A.No.431 of 2017 in OS.No.239 of 1998 on
the file of the Principal Subordinate Judge, Salem and to pass orders.
For Petitioner : Mr.Nirmal Aditya
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C.R.P. No. 1358 of 2023
ORDER
These petition have been filed to set aside the orders passed by
the Principal Subordinate Judge, Salem in I.A.No.435 of 2017 in
OS.No.239 of 1998, I.A.No.432 of 2017 in OS.No.239 of 1998 and
I.A.No.431 of 2017 in OS.No.239 of 1998 on 28.01.2022.
2. The facts of the case is that the first respondent in all the
C.R.P's are depositors in Chamundi group of finance companies which
are under the administrators who are arrayed as respondents 2 to 5 in all
the C.R.P's. The petitioner herein was granted permission to examine the
truthfulness of the claims finalized by the administrators as per the orders
passed by this Court in C.R.P.No.4357 of 2011 and C.R.P.No.4358 of
2011 on 20.04.2016 The first respondents in all the C.R.P's are claimants
for repayment of money under promissory notes. Hence, they filed the
above I.A's to entertain their claim on the basis of the promissory notes
and all the I.A's were allowed by the learned Judge vide order dated
28.01.2022 with a condition that the claimants are directed to produce
the original documents and the time granted to produce the document is
within a period of two months. Aggrieved over the same the petitioners
have come up with this petition.
https://www.mhc.tn.gov.in/judis
C.R.P. No. 1358 of 2023
3. The learned counsel for the petitioners submitted that the
claim of the respondents/claimants is barred by limitation. The
respondent/claimant had deliberately filed the I.A's after a lapse of 17
years from the date of the Judgment as the suit is of the year 1998. He
further submitted that as per the decree passed in the suit the claimants
ought to have filed their claims within a period of three months from the
Judgment. Whileso no claims will be considered after three months. He
further submitted that the learned Judge before the Court below ought not
to have entertained the I.A's filed by the respondents. Hence he prays to
allow this petition.
4. On perusal of impugned order it reveals that the
claimants/respondents herein have not produced original promissory
notes for verification by the administrators. If the claims of the
respondents are genuine they ought to have produced the original
documents at the time of filing of the I.A's or even at the time of passing
the Judgment in the I.A's. If the original promissory notes are available
with the claimants they can very well produce the same before the Court
below and nothing prevented them to produce the original documents
which is the subject matter of this petition.
https://www.mhc.tn.gov.in/judis
C.R.P. No. 1358 of 2023
5. In view of the above, it is made clear that the impugned order
suffers from infirmity, which calls interference by this Court and the
impugned orders deserves to be set aside and the same is hereby set
aside.
6.Accordingly, the order passed in I.A.No.435 of 2017 in
OS.No.239 of 1998, I.A.No.432 of 2017 in OS.No.239 of 1998 and
I.A.No.431 of 2017 in OS.No.239 of 1998 on 28.01.2022 on the file of
the Principal Subordinate Judge, Salem is hereby set aside and these Civil
Revision Petition are allowed. No order as to costs.
23.08.2023
smn
Index : Yes/No
Internet: Yes/No
To.
The Principal Subordinate Judge, Salem
https://www.mhc.tn.gov.in/judis
C.R.P. No. 1358 of 2023
V.BHAVANI SUBBAROYAN,J.
Smn
C.R.P. Nos. 1358,1359 and
1362 of 2023
23.08.2023
https://www.mhc.tn.gov.in/judis
