B.K.Divya vs M/S.Meera Financial Consultancy ...
2023 Latest Caselaw 13458 Mad

                                                                                     C.S.No.3 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 04.10.2023

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                          C.S. (Comm.Div.) No.3 of 2022 and
                                                 O.A. No.209 of 2022

                     1.B.K.Divya

                     2.K.S.Mahadesh                                                .. Plaintiffs

                                                         /versus/

                     1.M/s.Meera Financial Consultancy Services,
                       represented by its Proprietrix
                       Swathi Meera V.

                     2.Swathi Meera V.

                     3.Gurukaleeswaran Balasubramani                                .. Defendants

                     Prayer: Civil Suit has been filed under Order XXXVII, Rule 1 of the
                     Code of Civil Procedure and Order VII Rule 1 of the Original Side Rules,
                     1994 read with the Commercial Courts, Commercial Division and
                     Commercial Appellate Division of the High Courts Act, 2015 to direct
                     the defendants to jointly and severally pay a sum of Rs.2,02,71,568/-
                     (Rupees Two crore Two lakh Seventy One Thousand Five hundred and
                     Sixty Eight only) together with interest at 18% per annum from the date
                     of plaint till the date of realisation and to pay the costs of this suit.

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                                                                                   C.S.No.3 of 2022

                                       For Plaintiffs    :Mr.Gopika Nambiar
                                                          for Mr.Govind Chandrasekhar

                                       For Defendants    : Mr.P.Jesusmoris Ravi
                                                             ------
                                                        JUDGMENT

This suit has been filed seeking for recovery of money. It is a

summary suit.

2.A leave to defend application was filed by the defendants in

A.No.2416 of 2022. A counter was also filed by the plaintiffs in the said

application. By final order dated 04.01.2023, the leave to defend

application, i.e. A.No.2416 of 2022 was dismissed by this Court, based

on its finding that the applicants/defendants have not denied that the

respondents/plaintiffs had lent money from them and this Court had also

observed that barring a bald denial in the affidavit filed in support of the

application for leave to defend the suit, there was no other material

available for the Court to come to a conclusion that the applicants/

defendants had made out a case for grant of leave.

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C.S.No.3 of 2022

3.Admittedly, the order dated 04.01.2023 passed by this Court in

A.No.2416 of 2022 has attained finality as the defendants have not

challenged the said order till date. It is also fairly admitted by the learned

counsel for the defendants, who has appeared through Video

Conferencing, that the said order has not been challenged.

4.Under normal circumstances, the consequential order of passing

a decree in favour of the plaintiffs ought to have been passed in the suit

consequential to the dismissal of the leave to defend application.

However, it is informed by both the counsels that the matter was referred

to Mediation, but the mediation failed.

5.Learned counsel for the plaintiffs now seeks for passing of a

decree as prayed for in the plaint consequent to the dismissal of the leave

to defend application by this Court in its order dated 04.01.2023 passed

in A.No.2416 of 2022. Since the leave to defend application has been

dismissed as early as on 04.01.2023 itself, decree as prayed for by the

plaintiffs in the suit in C.S. No.3 of 2022 has to be passed.

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C.S.No.3 of 2022

Accordingly, the suit is decreed in favour of the plaintiffs as prayed for

in C.S. No.3 of 2022. Consequently, O.A. No.209 of 2022 is closed.

04.10.2023

vga

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

C.S.No.3 of 2022

List of Witness examined on the side of the Plaintiff:-

Mrs.B.K.Divya (PW1)

List of the Exhibits marked on the side of the Plaintiff:-

Sl. Exhibits Description of documents Nos.

1. Ex.P.1 Original deposit corporate bond agreement bearing agreement No.821 of 2021 dated 22.04.2001 executed between the first defendant and the first plaintiff

2. Ex.P2 Original deposit corporate bond agreement bearing agreement No.703 of 2021 dated 28.04.2021 executed between the first defendant and the first plaintiff

3. Ex.P3 Original deposit corporate bond agreement bearing agreement No.702 of 2021 dated 03.06.2021 executed between the first defendant and the first plaintiff

4. Ex.P.4 (series 4 Nos.) original cheques bearing Nos.245434, 245433, 000184 and 000186 issued by the first defendant as security

5. Ex.P.5 Original cheque bearing No.000185 issued by the second defendant

6. Ex.P.6 Original return memo dated 13.07.2021

7. Ex.P.7 Original legal notice dated 23.11.2021 sent by the plaintiffs to the defendants along with postal tracking report

8. Ex.P.8 original HDFC Bank statement in respect of the first plaintiff

9. Ex.P.9 Original HDFC Bank statement in respect of the second plaintiff

04.10.2023 vga

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

C.S.No.3 of 2022

ABDUL QUDDHOSE, J.

vga

C.S. (Comm.Div.) No.3 of 2022 and O.A. No.209 of 2022

04.10.2023

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