Lodd Ramgopal v. Rma Metals And Alloys Pvt
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 10TH DAY OF JUNE 2015 THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU A.No.52 of 2015 IN C.S.No.871 of 2014
1. Lodd Ramgopal Son of Lodd Mohanakrishnadoss, Shanthi Sadan, 137/110, Poonamallee High Road, Chennai - 600 084.
2. Maisie Mehta, Wife of Mr.Amrit Mohan Mehta, 69A, Pachaiyappas College Hostel Road, Chetpet, Chennai - 600 031..
..Applicants/Plaintiffs Vs
1. RMA Metals and Alloys Private Limited A Company registered under the provisions Of the Companies Act, 1956 Represented by its Managing Director, Mr.K.Jayaraj 129, (NP) SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
2. Mr.K.Jayaraj Managind Director RMA Metals and Alloys Private Limited 129, (NP) SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
..Respondents/Defendants Application praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants for a sum of Rs.5,26,857/- (Five lakhs twenty six thousand eight hundred and fifty seven rupees only) as admitted by the defendant in its notice dated 03.07.2014.
This Application coming on this day before this court for hearing the court made the following order: This Application is filed seeking to pass a judgment and decree against the defendants for a sum of Rs.5,26,857/- as admitted by the defendants in its notice dated 03.07.2014.
2. The applicants who are the plaintiffs, filed the above said suit for recovery of a sum of Rs.33,25,000/- in total, based on money transaction between the parties. The present Application is filed by the Plaintiffs seeking for a judgment and decree in respect of a sum of Rs.5,26,857/- based on the Lawyer's notice sent by the first defendant to the plaintiffs on 03.07.2014, wherein it is stated that the defendants require six months time to pay the balance amount, which according to the Plaintiff is Rs.5,26,857/-.
3. Counter affidavit is filed by the defendants, disputing the above claim of the applicants. It is specifically contended by them that there was no loan transactions between the parties and the present suit is totally false and filed with malicious motive. It is further contended that the notice of the first defendant is not related to the present suit and the plaintiffs cannot claim such money in the present suit.
4. Heard both sides.
5. The present application is filed for passing a judgment and decree in respect of Rs.5,26,857/- based on an
alleged demand made by the defendants in their notice dated 03.07.2014. The contents of the said notice, eventhough admitted by the defendants, it is stated that those averments are not in respect of the present suit claim. Therefore, the said issue has to be gone into only at the time of trial, by considering the respective pleadings and evidence let in by the parties. However, as the notice dated 03.07.2014 was admittedly issued by the plaintiffs wherein the defendants have sought for six months time to pay the balance amount of Rs.5,26,857/- , this Court is of the view that in order to protect the interest of both the parties, it would suffice, if a direction is given to the defendants to deposit the said sum of Rs.5,26,857/- to the credit of the suit, within a period of eight weeks from today. It is made clear that such deposit is, without prejudice to the contention of both the parties, to be considered in the main suit.
6. This Application is disposed of, accordingly. sd/.K.R.C.B.J 10.06.2015 //Certified to be a true copy// Dated this the day of 2015.
R.s/23.09.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.