Madras High Court
M.Ashok Mootha vs M/S.City Union Bank Limited on 18 October, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.3917 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3917 of 2024
and C.M.P.No.21443 of 2024
1. M.Ashok Mootha
2. A.Saroj Mootha ... Petitioners
Vs
M/s.City Union Bank Limited,
Represented by its Chief Manager,
G.Viswanathan
No.48, Mahalakshmi Street,
T.Nagar, Chennai 600 017. ... Respondent
PRAYER : Civil Revision Petition filed under Section 115 of the Civil Procedure
Code, pleased to set aside the fair and decreetal order dated 13.08.2024 in
I.A.No.3 of 2024 in I.A.No.2 of 2023 in O.S.No.4648 of 2017 on the file of the
XVII Assistant City Civil Court, Chennai.
For Petitioners : Mr.A.Arokia Satheesh
For Respondent : Mr.G.Logesh Ganesh
for Mr.R.Sivaraman
1/8
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C.R.P.No.3917 of 2024
ORDER
This Civil Revision Petition has been filed against the order passed by the
XVII Assistant City Civil Court, Chennai, in I.A.No.3 of 2024 in I.A.No.2 of 2023
in O.S.No.4648 of 2017 on 13.08.2024.
2. The brief facts of the case is that the petitioners are the defendants in the
suit filed by the respondent/plaintiff in O.S.No.4648 of 2017 on the file of the XVII
Assistant City Civil Court, Chennai, for recovery of money for a sum of
Rs.8,68,546.40/- with an interest at the rate of 12% and thereafter, an ex parte
judgment came to be passed on 01.12.2022. On coming to know about the same,
the petitioners had filed a petition in I.A.No.2 of 2023 seeking to set aside the ex
parte decree and judgment passed in O.S.No.4648 of 2017 on 01.12.2022. The
trial Court, vide order dated 13.03.2024, had allowed the petition with a condition
to the petitioners to pay a sum of Rs.2000/- to the respondent on or before
15.04.2024. Since the amount was not paid on time, the petition in I.A.No.2 of
2023 came to be dismissed on 16.04.2024. Thereafter, the petitioners have filed an
application in I.A.No.3 of 2024 under Order IX Rule 9 seeking to restore the order
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passed in I.A.No.2 of 2023 on 16.04.2024. The trial Court, finding that the
petitioners have not shown bonafides, has dismissed the petition vide order dated
13.08.2024. Aggrieved over the same, the present revision petition has been filed
by the petitioners.
3. Mr.A.Arokia Satheesh, learned counsel appearing for the petitioners
submitted that the petitioners and their counsel were following the orders,
however, due to some confusion and inadvertence and since the order was not
uploaded in the e-court services, they could not take note of the date properly.
Thereby, the petitioners were not able to pay the amount of Rs.2000/- on or before
15.04.2024 as directed by the trial Court. However, immediately, the petitioners
have filed a petition in I.A.No.3 of 2024 seeking to restore the order passed in
I.A.No.2 of 2023 on 16.04.2024, however, the learned trial Judge had dismissed
the petition. He further submitted that the petitioners undertake to compensate the
respondent for the inconvenience caused and they are also ready to cooperate for
the speedy disposal of the trial. Thereby, he prayed to set aside the order passed on
13.08.2024 in I.A.No.3 of 2024 in I.A.No.2 of 2023 in O.S.No.4648 of 2017, on
terms.
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4. Per contra, Mr.G.Logesh Ganesh, the learned counsel appearing for the
respondent/plaintiff submitted that the petitioners/defendants have been delaying at
every stage of the proceedings and thereby, he objected for setting aside the order
passed by the trial Court.
5. Heard both sides and perused the materials available on record.
6. It is seen that the suit has been filed seeking for recovery of money and in
which, the ex parte judgment and decree came to be passed on 01.12.2022.
Thereafter, the said ex parte judgment was set aside by the trial Court on
condition to the petitioners to pay a sum of Rs.2000/- to the respondent. It is the
case of the petitioners that due to some inadvertence, the date has been wrongly
noted and due to which, they have failed to comply with the order and the petition
came to be dismissed.
7. Though there had been a lapses on the side of the petitioners, this Court is
of the opinion that a chance may be given to the petitioners in the interest of justice
to defend their case, on imposition of terms and cost.
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8. In view of the above, this Civil Revision Petition stands allowed and the
order passed by the XVII Assistant City Civil Court, Chennai, in I.A.No.3 of 2024
in I.A.No.2 of 2023 in O.S.No.4648 of 2017 on 13.08.2024, is hereby set aside.
The petitioners shall pay a sum of Rs.4000/- (Including a sum of Rs.2000/-
ordered by the trial in I.A.No.2 of 2023) to Mr.G.Logesh Ganesh, the learned
counsel for the respondent as cost, within a period of one week from the date of
receipt of copy of this order.
9. On such deposit being made by the petitioners, the ex parte judgment and
decree passed in O.S.No.4648 of 2017 on 01.12.2022 is also set aside and the trial
Court shall take every endeavor to dispose of the suit in O.S.No.4648 of 2017 as
expeditiously as possible, preferably, within a period of four months from the date
of receipt of a copy of this order. The trial Court shall proceed with the suit from
the stage of setting the petitioners/defendants ex parte. Consequently, connected
miscellaneous petition is also closed. No costs.
18.10.2024
Note : Registry is directed to return the original papers to the counsel
for the petitioners forthwith and issue order copy by 21.10.2024.
ham
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Index : Yes / No
Neutral Citation : Yes / No
To
The XVII Assistant City Civil Court, Chennai.
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A.D.JAGADISH CHANDIRA, J.
ham
18.10.2024
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https://www.mhc.tn.gov.in/judis
