P.Senthilkumar v. K.Arumugam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 14TH DAY OF JUNE 2018 THE HON'BLE MR.JUSTICE N.SATHISHKUMAR C.S. No.324 of 2016 and A.No. 2730 of 2016 P.Senthil Kumar S/o. K.Periyasamy Proprietor M/s. Sri Meenaxi Granites, Having Office at No.14/16, 1st Floor, 1st Cross Street, C.I.T.Colony, Mylapore, Chennai 600 004.
: Plaintiff/Applicant Vs Mr.K.Arumugam, Residing at #2/638, Nakkiran Salai, Mugappair East, Chennai 600 037. :Defendant/Respondent C.S. No.324 of 2016:- Civil suit filed under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 CPC and praying that this Hon'ble Court be pleased to pass a Judgement and Decree directing the defendant to:
i)Directing the defendant to pay the plaintiff a sum of Rs.28,74,684.95/- (Rupees twenty eight lakhs seventy four thousand six hundred and eighty four and paise ninety five only) together with subsequent interest at the rate of 12% per annum on Rs.20,00,000/- from the date of the plaint to the date of realisation.
ii). Directing the defendant to pay the costs of the suit.
A. No.2730 of 2016:- Application praying that this Hon'ble Court be pleased to pass a conditional order of attachment before
judgment directing the respondent to furnish security for the suit claim of Rs.28,74,684.95/- (Rupees twenty eight lakhs seventy four thousand six hundred and eighty four and paise ninety five only) within a time to be fixed by this Hon'ble Court failing which pass an order of attachment before judgment of the schedule mentioned property belonging to the defendant more fully described hereunder. This suit along with application coming on this day before this court for hearing in the presence of Mr.B.Arvind Srevatsa, Advocate for the plaintiff in C.S.No.324 of 2016 and for the applicant in A.No. 2730 of 2016 and the defendant in C.S.No. 324 of 2016 and for the respondent in A.No. 2730 of 2016 not appearing in person or by advocate and upon reading the plaint filed in C.S.No.324 of 2016 and the judges summons and the affidavit of P.
Senthil Kumar filed in A.No.2730 of 2016, and the other exhibits therein referred to and upon perusing the evidence adduced therein, it is ordered and decreed as follows:- That the defendant herein do pay to the plaintiff herein, for a sum of Rs.31,16,328.79/- (Rupees Thirty one lakhs sixteen thousand three hundred and twenty eight and paise seventy nine only) with further interest at the rate of 6% p.a. on the sum of Rs.20,00,000/- (Rupees Twenty lakhs only) from this date till the date of realisation.
2. That the connected A.No. 2730 of 2016 do stand closed.
3. That the defendant herein, do pay to the plaintiff herein, the costs of this suit as and when taxed
by the taxing officer of this court and noted in the margin thereof.
WITNESS THE HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14th DAY OF JUNE 2018.
Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK 16.08.2018 C.S. No.324 of 2016 and A.No. 2730 of 2016 DECREE:
DATED : 14.06.2018 THE HON'BLE MR.JUSTICE N.SATHISHKUMAR FOR APPROVAL: 06.09.2018 APPROVED ON:07.09.2018