Saivijaykumaravel vs R.Balakrishnan
2023 Latest Caselaw 7377 Mad

                                                                                A.S.(MD).No.98 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                 DATED: 30.06.2023
                                                     CORAM:
                                     THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                             A.S.(MD).No.98 of 2023
                                                       and
                                           C.M.P.(MD).No.6196 of 2023

        Saivijaykumaravel                                    ... Appellant / Defendant

                                                      -Vs-

        R.Balakrishnan                                       ... Respondent / Plaintiff

        PRAYER: The Civil Miscellaneous Appeal is filed under Section 96
        r/w. Order 41 Rule 2 of the Civil Procedure Code, against the
        judgment and decree in O.S.No.32 of 2018, dated 23.09.2019 on the
        file of the Additional District Judge, Fast Track Court, Theni.

                                   For Appellant :    Mr.M.A.M.Raja
                                   For Respondent     :    Mr.J.Barathan
                                                           for Mr.M.Kaliraj

                                   J U D G M E N T

This appeal has been filed challenging the decree and judgment of the trial Court, decreeing the suit for a sum of Rs. 15,89,301/- with interest at the rate of 6% per annum from the date of plaint till the date of realisation.

2. The suit has been filed on the basis of three cheques dated 26.10.2016, each for Rs.5,00,000/-. It is the stand of the appellant that he has totally borrowed a sum of Rs.20,00,000/- and he has paid some interest. Therefore, the borrowal was admitted in the written statement. Based on the said defence, after contest the suit has been decreed. Challenging the same, the present appeal has been filed.

3. When the matter came up before this Court on 27.04.2023, the appellant present before this Court and stated that he was ready to pay a sum of Rs.22,00,000/- to the respondent in full quit and sought time till 26.06.2023. Pursuant to which, this Court posted the matter on 26.06.2023, for payment of the amount in full quit.

4. When the matter is posted today under the caption for reporting compliance, the appellant is present before this Court and filed an affidavit. According to the affidavit, the appellant has made an arrangement to sell one of the property and the sale will be completed only after the Tamil month of Avani. Hence, he sought further three months.

5. In such a view of the matter, this Court is of the view https://www.mhc.tn.gov.in/judis

A.S.(MD).No.98 of 2023

that the appeal itself can be disposed of. Accordingly, the appellant is permitted to pay the amount of Rs.22,00,000/- as agreed before this before the end of September 2023 to the respondent in full quit, failing to pay the said amount as agreed before this Court, before the end of September 2023, as indicated above, the decree amount shall be paid. Once such amount has been paid within the period as agreed before this Court, all other connected proceedings initiated by the respondent against the appellant as well as his wife shall be withdrawn and all other documents viz., the cheques shall be returned to the appellant. Further, the respondent shall release all the mortgage and other encumbrance over the property of the appellant. It is made clear that in the event the appellant do not pay the amount as agreed before this Court before the end of September 2023, it is well open to the respondent to proceed as per law as per the decree and judgment.

6. With the above observations, the Appeal Suit is disposed of. The affidavit of the appellant filed before this Court is taken on record. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/-

Assistant Registrar(CS I) // True Copy //

30/06/2023 Sub Assistant Registrar(CS)

akv

To

1.The Additional District Judge, Fast Track Court, Theni.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

A.S.(MD).No.98 of 2023 30.06.2023

MK/30.06.2023 2P 4C

https://www.mhc.tn.gov.in/judis