R.Kothandaraman, Propr. Of M/S.Manasarovar Financial Services v. Aasif Biriyani Pvt.Ltd., Rep.By M/D.C.Y.Aasif Ahamed
Krishnan Ramasamy, J., This Application has been filed to amend:
(a) Paragraph 6 of the Plaint from the fourth line as follows: "That as per the request of the defendants, the Plaintiff has paid the loan amount to the defendants periodically to their bank account of the defendants'
bank namely M/s.Axis bank, State Bank of India, Karur Vysya Bank and HDFC Bank through Plaintiff's bank namely M/s.Corporation bank. As on 24.10.2016 the defendants are due and liable to pay a sum of Rs.5,50,00,000/- to the plaintiff for which the defendants executed a promissory notes on 24.10.2016 in favour of the plaintiff at the plaintiff's office agreeing to repay the said amount Rs.5,50,00,000/- with interest at the rate of 24% p.a."
(b) Paragraph 14 of the plaint at the end of the line 14 as follows: "the plaintiff paid the loan amount periodically to the defendants' bank namely M/s.Axis bank, State Bank of India, Karur Vysya Bank and HDFC Bank through Plaintiff's bank namely Ms.Corporation bank, after receipt of the said amount, as on 24.10.2016 the defendants are due to liable to pay a sum of Rs.5,50,00,000/- to the plaintiff. On 24.10.2016, the defendants have executed a promissory Note in favour of the plaintiff agreeing to repay the sum of Rs.5,50,00,000/- to the plaintiff with interest at the rate of 24% p.a."
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KRISHNAN RAMASAMY, J arr
2. The learned counsel appearing on behalf of the respondent has strongly objected for aforesaid amendments to be carried in paragraph 6 and 14, but submitted that he has no objection to incorporate the same as paragraph 6 (a) and 14 (a) of the Plaint respectively. The applicant also submits that he has no objection for adding the para 6 (a) and 14 (a) as suggested by the counsel for the respondent.
3. Considering the said submission made by the learned counsel for the respondents, this application is ordered and the learned counsel for the applicant is permitted to incorporate the aforesaid amendments sought for as 6(a) and 14 (a) respectively in the plaint.
4. The said amendment shall be carried on or before 27.08.2019 and the amended copy of the plaint shall be filed on or before 30.08.2019. Further, the learned counsel for the applicant is directed to serve the copy of the amended plaint to the counsel for the respondent on or before 06.09.2019.
4. Post the suit on 06.09.2019, for passing further orders. 16.08.2019 arr 2/ 2
16.08.2019 3/ 2
"Hence the Plaintiff had agreed to lend a sum of Rs.5,50,00,000/- to the 2nd Defendant. On 24.10.2016 the Plaintiff gave a sum of Rs.5,50,00,000/- to the defendants after receiving said amount the second defendant had executed a promissory note on 24.10.2016 at the Plaintiff office in favour of the Plaintiff agreeing to repay the said sum with interest at the rate of 24% p.a.
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13.08.2019 arr C.S.No.804 of 2015 13.08.2019 5/ 2