A.Selvam v. S.Sankaralingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 24th DAY OF NOVEMBER 2021 C.S. No.293 of 2021 A.Selvam Sole Proprietor, Sri Ramajayam Steels, S/o.S.Arumugam Chettiar No.560/2, Thiruvottiyur High Road, Tondiarpet, Chennai 600 081.
...Plaintiff -VersusMr.S.Sankaralingam Sole Proprietor M/s. Lakshmi Traders, Old No.4 New No.11, New Thandavaraya Gramani Street, Old Washermanpet, Chennai 600 081.
...Defendant C.S.No.209 of 2021:
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree directing the defendant herein to pay the Plaintiff a sum of Rs.2,86,25,000.00/- (Rupees two crores, eighty six lakhs, twenty five thousand only) together with further interest at 30% p.a. on the principal sum of Rs.1,50,00,000/-(Rupees One crore and fifty lakhs only) from the date of filing of the suit till the date of repayment. This suit Coming on this day before this court for hearing in the presence of Mr.J.K.Ramkumar for M/s.Ram & Rajan & Associates,
Advocate for the plaintiff herein and the defendant herein not appearing in person or by advocate and the said defendant herein, having been set exparte and upon reading the plaint filed herein and this court having observed that the plaintiff Shall be entitled to a decree for the sum claimed in the Plaint as per under VII Rules 5 and 6 (3) of O.S. Rules it is ordered and decreed as follows :- That the defendant herein, do pay to the plaintiff herein, a sum of Rs.2,94,24,315/-(Rupees Two Crores ninety four lakhs twenty four thousand three hundred and fifteen only) with further interest at the rate of 30% p.a on the sum of Rs.1,50,00,000/- (Rupees one Crore fifty lakhs only) from this date till the date of realization.
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 MR.JUSTICE MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25th DAY OF NOVEMBER 2021. Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
T.E.
29.11.2021 C.S.No.293 of 2021
ORDER
DATED : 25.11.2021 FOR APPROVAL: 24.02.2022 APPROVED ON: 3.3.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 24th DAY OF NOVEMBER 2021 C.S. No.293 of 2021 A.Selvam Sole Proprietor, Sri Ramajayam Steels, S/o.S.Arumugam Chettiar No.560/2, Thiruvottiyur High Road, Tondiarpet, Chennai 600 081.
...Plaintiff -VersusMr.S.Sankaralingam Sole Proprietor M/s. Lakshmi Traders, Old No.4 New No.11, New Thandavaraya Gramani Street, Old Washermanpet, Chennai 600 081.
...Defendant C.S.No.209 of 2021:
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree directing the defendant herein to pay the Plaintiff a sum of Rs.2,86,25,000.00/- (Rupees two crores, eighty six lakhs, twenty five thousand only) together with further interest at 30% p.a. on the principal sum of Rs.1,50,00,000/-(Rupees One crore and fifty lakhs only) from the date of filing of the suit till the date of repayment.
This Civil Suit coming on this day before this Court for hearing the Court made the following orders:- Plaintiff counsel present in V.C. There is only one defendant. Summons served on him on 04.10.2021. The sole defendant after receiving summons not appeared before the Court and not filed his written statement. The defendant is set exparte.
Plaintiff side heard. This suit has been filed as summary in nature for recovery of money of Rs.2,86,25,000/- in which the principal amount is Rs.1,50,00,000/- and the interest at the rate of 30% till the date of filing of the suit. After service of summons, the defendant failed to appear and set exparte. He has failed to obtain leave to defend the suit. Hence, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for the sum claimed in the plaint as per order VII Rules 5 and 6 (3) of O.S. Rules.
Therefore it is ordered that the defendant shall pay the amount of Rs.2,86,25,000/- as claimed in the plaint with subsequent interest of 30% per annum for the principal amount of Rs.1,50,00,000/- from the date of the plaint till the realization of entire amount with costs as fixed by the taxing
officer in future to the plaintiff and accordingly the suit is decreed as prayed for.
Sd./- MASTER 25.11.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.