Madras High Court
Media One Global Entertainment ... vs Prakashmal And Sons Huf on 13 July, 2023
C.R.P.(NPD) Nos.3471, 3472, 3473 & 3474 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD)Nos.3471, 3472, 3473 & 3474 of 2017
and C.M.P.Nos.16145, 16146, 16147 & 16148 of 2017
Media One Global Entertainment Limited
Rep. by its Director
No.26/13, Razia House,
Saraswathy Street,
Mahalinghapuram,
Chennai-600 034 ... Petitioner in all CRPs
vs.
1.Prakashmal and sons HUF
Rep by its Manager & Kartha
Prakashmal Jain
No.1088, Poonamallee High Road
Vimalachal Apartments
Vepry, Chennai-600 007. ... R1 in CRP.3471 of 2017
2.Parag P.Jain ... R1 in CRP.3472 of 2017
3.Minal V.Shah ... R1 in CRP.3473 of 2017
4.Swathi A.Shah ... R1 in CRP.3473 of 2017
5.J.Muralimanohar ... R2 in all CRPs
https://www.mhc.tn.gov.in/judis
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C.R.P.(NPD) Nos.3471, 3472, 3473 & 3474 of 2017
Prayer in CRP(NPD)No.3471 of 2017: Petition filed under Article 227
of the Constitution of India against the decreetal and fair order dated
24.10.2016 made in I.A.No.12458 of 2016 in O.S.No.3055 of 2016 on
the file of the XI Asst. Judge, City Civil Court, Chennai,
Prayer in CRP(NPD)No.3472 of 2017: Petition filed under Article 227
of the Constitution of India against the decreetal and fair order dated
24.10.2016 made in I.A.No.12461 of 2016 in O.S.No.3058 of 2016 on
the file of the XI Asst. Judge, City Civil Court, Chennai,
Prayer in CRP(NPD)No.3473 of 2017: Petition filed under Article 227
of the Constitution of India against the decreetal and fair order dated
24.10.2016 made in I.A.No.12462 of 2016 in O.S.No.3060 of 2016 on
the file of the XI Asst. Judge, City Civil Court, Chennai,
Prayer in CRP(NPD)No.3474 of 2017: Petition filed under Article 227
of the Constitution of India against the decreetal and fair order dated
24.10.2016 made in I.A.No.12852 of 2016 in O.S.No.3059 of 2016 on
the file of the XI Asst. Judge, City Civil Court, Chennai,
(In all CRPs)
For Petitioner: Mr.T.T.Ravichandran
For Respondents: Mr.T.Srikanth (for R1)
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C.R.P.(NPD) Nos.3471, 3472, 3473 & 3474 of 2017
COMMON ORDER
The petitioners are the defendants in the respective suits. The suits
have been filed for recovery of money based on pronotes. The petitioners
claim that the interest rate has been tampered with by the plaintiff prior
to the presentation of the plaint. They would also say that there is no
privity of contract between the plaintiff and the first defendant.
2.I have heard Mr.T.T.Ravichandran, learned counsel appearing
for the petitioner and Mr.T.Srikanth, learned counsel appearing for the
first respondent.
3.This is an application for leave to defend the suit and in such a
suit, unless and until the defence is absolutely moonshine, the parties are
entitled to defend the suit by grant of leave. Therefore, the judgment of
the Supreme Court in Mechelec Engineers and Manufacturers v.
M/s.Basic Equipment Corporation (1976 SCC (4) 687), held that unless
and until the defence is absolutely untenable, leave should not normally
granted. Here is the case where the transaction in favour of the plaintiff
have all been by way of bank transfer.
4.The defendant disputes only the interest amount payable, but has
not disputed the principal. Therefore, I feel interest of justice will be
served, if the defendant is directed to deposit the principal amount in
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C.R.P.(NPD) Nos.3471, 3472, 3473 & 3474 of 2017
each of the suits to the credit of respective cases. On such deposit, leave
to defend applications are allowed. The said deposit of the principal
amount shall be made within a period of six weeks from the date of
receipt of a copy of this order. Thereafter, the defendant is entitled to file
a written statement and contest the suit on merits. In case, the principal
amounts are not deposited within the aforesaid period, the revisions shall
stand dismissed.
5.With the above directions, these Civil Revision Petitions are
allowed. No costs. Consequently, connected miscellaneous petitions are
closed.
13.07.2023
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
vs
To
The XI Asst. Judge,
City Civil Court, Chennai,
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C.R.P.(NPD) Nos.3471, 3472, 3473 & 3474 of 2017
V. LAKSHMINARAYANAN,J.
vs
C.R.P.(NPD)Nos.3471, 3472, 3473 & 3474 of 2017
and C.M.P.Nos.16145, 16146, 16147 & 16148 of 2017
13.07.2023
https://www.mhc.tn.gov.in/judis
