Madras High Court
M/S.Canara Bank vs M/S.Kovilpatti Lakshmi Roller on 12 October, 2023
A.S(MD)No.250 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
A.S(MD)No.250 of 2023
and
C.M.P(MD)No.13858 of 2023
M/s.Canara Bank
having its Head Office at 112, JC Road,
Bengaluru, Karnataka-560 002
and its Branch at 52C/41/13,
Ettayapuram Rajah Building,
Tirunelveli Junction,
Tirunelveli-627 001,
through its Chief Manager. :Appellant/Defendant
.vs.
M/s.Kovilpatti Lakshmi Roller,
Flour Mills Limited,
a Public limited company within
the meaning of Companies Act, 2013
and having its Registered Office at
75/8, Benares Cape Road,
Gangaikondan 627 352,
Tirunelveli, Tamil Nadu,
represented by Company Secretary
Mr.Piramuthu : Respondent/sole Plaintiff
PRAYER: Appeal Suit filed under Section 13 of Commercial Courts
Act 2015 against the fair and decreetal order dated 29.08.2022
1/6
https://www.mhc.tn.gov.in/judis
A.S(MD)No.250 of 2023
passed in C.O.S.No.148 of 2021 on the file of the Principal District
Judge, Tirunelveli.
For Appellant :Mr.C.Deepak
For Respondent :Mrs.N.Krishnaveni
Senior Counsel
for Mr.P.Thiyagarajan
JUDGMENT
*********
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
By consent of both sides, the main appeal itself is taken up
for final disposal.
2.The defendant is the appellant. The respondent / plaintiff
has filed a Commercial Original Suit in C.O.S.No.148 of 2021 before
the Principal District Court, Tirunelveli for recovery of money to an
extent of Rs.46,75,422/- together with interest 9% p.a., on the sum
of Rs.45,89,418/-.
3. The written statement appears to have been filed, however,
as they have not contested the case, the suit was decreed as ex-
parte.
https://www.mhc.tn.gov.in/judis
A.S(MD)No.250 of 2023
4. On the side of the plaintiff, one Piramuthu was examined as
P.W.1 and marked 30 documents as Ex.A1 to Ex.A30. Based upon
the oral evidence adduced by the plaintiff, the learned Principal
District Judge, Tirunelveli has decreed the suit with costs in favour
of the plaintiff together with interest at the rate of 9% per annum.
Aggrieved against the same, the defendant / Bank has filed the
present appeal.
5. After going through the pleadings as well as the
documentary evidence and after hearing the learned Senior Counsel
appearing for the respondent / Caveator and the learned counsel
appearing for the appellant /defendant, we thought it fit that it is
appropriate to remand the matter back to the learned Principal
District Court, Tirunelveli, for fresh trial.
6. The learned Principal District Judge, Tirunelveli has taken
note of the fact that P.W.1 was not cross-examined as per the time
schedule, he set the suit as ex-parte and considering the affidavit of
the plaintiff, granted the decree.
https://www.mhc.tn.gov.in/judis
A.S(MD)No.250 of 2023
7. Heard the learned counsel appearing for the appellant and
the learned Senior Counsel appearing for the respondent and
perused all the materials available on record.
8. An opportunity of being heard to be given as certain points
of defence have been raised in the written statement, in which,
adducing of evidence by the defence. Hence, the appeal suit is
allowed and the judgment and decree passed in C.O.S.No.148 of
2021 is set aside. The matter is remitted back to the learned
Principal District, Tirunelveli for fresh consideration and both parties
shall appear before the Principal District Judge, Tirunelveli either in
person or through counsel and the Principal District Judge,
Tirunelveli is required to dispose of C.O.S.No.148 of 2021 within a
period of three (3) months from the date of receipt of a copy of this
order and the respective counsel shall extend their co-operation to
the Judge for the early dispose of the case.
9. In view of the above, this Appeal Suit is allowed on
payment of cost of Rs.5,000/- payable to the counsel for the
respondent, who appearing before this Court, by the appellant.
Memo of payment of cost to be filed before the Registry. Registry
is directed to refund the court fee, if any.
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A.S(MD)No.250 of 2023
10. Registry is directed to draft the decree forthwith and send
back the papers to the Court before on or before 17.10.2023.
Consequently, connected miscellaneous petition is closed.
[T.K.R.,J.] [P.B.B.,J.]
12.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
Note: Issue order copy on 13.10.2023.
To
Principal District Judge,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
A.S(MD)No.250 of 2023
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
A.S(MD)No.250 of 2023
12.10.2023
https://www.mhc.tn.gov.in/judis
