Saivijaykumaravel vs R.Balakrishnan
2023 Latest Caselaw 7378 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
                                                          -Vs-
                 R.Balakrishnan
                                                                                   ... Respondent


                 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




                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                      A.S.(MD).No.98 of 2023




                                                       JUDGMENT

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.

https://www.mhc.tn.gov.in/judis A.S.(MD).No.98 of 2023

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 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

https://www.mhc.tn.gov.in/judis A.S.(MD).No.98 of 2023

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.

30.06.2023

Note: Issue order copy on 30.06.2023.

akv

To

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

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

https://www.mhc.tn.gov.in/judis A.S.(MD).No.98 of 2023

N.SATHISH KUMAR, J.

akv

A.S.(MD).No.98 of 2011

30.06.2023

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