Madras High Court
The Purasawakam Santhatha Sanga Nidhi ... vs Mrs.W.S.Rajalakshmi on 1 October, 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 18.12.2023
PRONOUNCED ON : 01.10.2024
CORAM:
THE HON`BLE MR.JUSTICE A.A.NAKKIRAN
C.S. Nos. 49 of 2010 & A.No.3637 of 2023
and
C.S. No. 787 of 2010
1. C.S. No.49 of 2010:
The Purasawakam Santhatha Sanga Nidhi Ltd.,
rep by its Trustee, N.Sankaranarayanan,
having office at No.49, Vellala Street,
Purasawalkam, Chennai-84. ...Plaintiff
..Vs..
1.Mrs.W.S.Rajalakshmi, (Deceased)
2. Dr.A.C.Subramaniam, (Deceased)
3. C.S. Balakrishnan
4. C.S. Rupendra Kumar, ... Defendants
(Defendants 3 & 4 are brought on record as L.Rs of the deceased 2 nd
defendant as per order dated 04.01.2011 in A.No.7312 to 7314 of 2010 and
time extended as per order dated 06.06.2023 in A. No.2460 of 2023)
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2. C.S. Nos.787 of 2010:
1.Mrs.W.S.Rajalakshmi, (Deceased)
2. C.S. Balakrishnan
4. C.S. Rupendra Kumar,
...Plaintiffs
..Vs..
The Purasawakam Santhatha Sanga Nidhi Ltd.,
rep by its Trustee, N.Sankaranarayanan,
having office at No.49, Vellala Street,
Purasawalkam, Chennai-84.
..Defendant
(Plaintiffs 2 & 3 are brought on record as L.Rs of the deceased Sole plaintiff
as per order dated 21.02.2022 in A.No.522 of 2022 and time extended as
per order dated 22.03.2022)
Prayer in C.S. No.49 of 2010 : Plaint filed under order VII rule 1 C.P.C
and order IV rule 1 of O.S. Rules:
a) Directing the defendants to pay jointly and severally to the plaintiff
on or before the date to be fixed by this Court a sum of Rs.70,53,791.10
together with interest @ 21.6% p.a. from the date of plaint till the date of
realization and costs within the time stipulated by way of passing
preliminary decree.
b) In default of payment of the said amount within the time granted,
this Court may be pleased to order for sale of the Schedule mentioned
property and proceed later defraying thereabout the expenses of the sale
applied towards the payment of the said principal, interest, penal interest,
interest tax and cost of the suit by way of passing final decree.
c) A direction that in the above case if the proceeds of the sale of the
Schedule mentioned property are found to be insufficient for payment of the
decree amount in full, the defendants may be ordered jointly and severally to
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pay the plaintiff the amount of such deficiency with interest and cost till
realization by way of passing a personal decree against them.
d)directing the defendants to pay the cost of the suit; and to pass such
further order.
Prayer in C.S. No.787 of 2010 : Plaint filed under order VII rule 1 C.P.C
and order IV rule 1 of O.S. Rules:
a) That an account may be taken of the amount due to the defendant
for principal,interest and costs.
b) that upon the payment of the said amount by the plaintiff, the
defendant may be directed to deliver to the plaintiff mortgage instrument and
all the documents in their possession, and execute and register an
acknowledgment in writing to that effect that interest created by the
mortgage has been extinguished.
c) Directing the defendant to pay the cost of the suit
For Plaintiff/s : Mr. J. Nandagopal
For Defendant/s : Mr. Balu
For M/s. G. Appavu
*****
Vice Versa in both cases
COMMON JUDGMENT
When the matter came up on 13.12.2023 for hearing, the
learned counsel for the defendants submitted that the defendants were ready
to settle the matter by filing the Calculation Memo and at that time, the
learned counsel for the plaintiff would not accept the same and thereafter he
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filed a calculation memo for consideration of this Court on 18.12.2023.
2.After scrutinizing the entire records, it is seen that the
defendant has borrowed to the tune of Rs.11,00,000/- @ 21.6%@ p.a. on
mortgage of the suit property. Out of 78 months instalments, a sum of
Rs.26,400/- for 77 months and Rs.19,140/- for final instalment is agreed.
This Court by Judgment dated 30.07.2021, the suit in C.S. No.49 of 2010 is
partly decreed for Rs. 26,58,236/- leaving the balance amount as claimed by
the plaintiff herein to be adjudicated after the Trial.
3. Having considered the facts and circumstances of the case
and the Judgment and Decree dated 30.07.2021 in C.S. No.49 of 2010
passed by this Court, it is seen that as per the Decree and Judgment in
C.S.No.49 of 2010, the plaintiff Nidhi Company is entitled to Rs.8,30,698/-
along with interest @21.6% p.a. However, the plaintiff claims
Rs.73,53,791/- with interest @15% p.a. from the date of suit till the date of
decree as per contractual interest.
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4. Having considered the Judgment and Decree dated
30.07.2021 passed by this Court and Calculation Memos filed by both the
parties, this Court came to understand that the defendants have not paid the
Decree amount of Rs.26,58,236/- as per Judgment and Decree passed by
this Court on 30.07.2021. Further, the plaintiff cannot claim interest over the
interest amount. Hence, the Defendants are directed to pay a sum of
Rs.8,30,698/- along with interest @21.6% p.a. from the date of the suit till
the date of this Judgment and thereafter @12% p.a from the date of this
Judgment till the date of realization.
5. In view of the aforesaid terms, the C.S. No.49 of 2010 is
disposed of and C.S. No.787 of 2010 is dismissed. Consequently,
A.No.3637 of 2023 in C.S. No.49 of 2010 is also dismissed.
01.10.2024
Index : Yes/No
Internet : Yes/No
lbm
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A.A. NAKKIRAN, J,
Lbm
C.S. Nos. 49 of 2010 & A.No.3637 of 2023
and
01.10.2024
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