Vinay Asrani v. M/S.Rajkham Builders Private Limited And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A.Nos. 6436 & 6437 of 2024 Vinay Asrani Represented by its Karta Vinay R Asrani, No.30, 4th Floor, Niagara Apartments, No.1, Sterling Road, Nungambakkam, Chennai 600 034. and 3 Others Applicant(s) Vs M/s.Rajkham Builders Private Limited and 5 others CIN U45200TN2008PTC067410 Rajkham Srishti, No.105, Arcot Road, Kodambakkam, Chennai 600
024. and 5 Others Respondent(s) For Applicant(s):
M/s. Ganesh and Ganesh K.Jayaraman K.Mohan R.Rathipriya For Respondent(s):
ORDER
The suit for recovery of money was filed jointly by four plaintiffs against the 4th defendant.
2. This Court, earlier considering the nature of the dispute, has granted leave to join multiple causes of action together. Subsequently, while contesting the suit, the defendants candidly admitted that they owed 1/4
Rs.60,00,000/- to plaintiffs 1 and 3. They have also stated that they had transferred Rs.30,00,000/- to plaintiffs 1 and 3. Similarly, the 4th defendant admitted liability of Rs.1,10,00,000/- towards the 2nd and 4th plaintiffs also deposited the amount in the suit account.
3. In the said circumstances, the plaintiffs jointly filed an application to withdraw Rs.55,09,113/-, which was claimed by the 2nd and 4th plaintiffs, to whom the 4th defendant had admitted the liability. A counter was filed by the 4th respondent stating that since the suit was filed by four plaintiffs together for a consolidated sum of Rs.2,40,00,000/-, payment of Rs.55,09,113/- to only two plaintiffs would prejudice the defendants. Therefore, the application was argued to be legally unsustainable.
4. The learned counsel appearing for the 4th defendant submitted that since the suit was filed for a consolidated sum based on different borrowings by the individual defendants, payment of the admitted liability to the plaintiffs 2nd and 4th plaintiffs alone would not be appropriate.
5. Heard the learned counsels. Pleadings perused. 2/4
6. This Court, after due application of mind and to avoid multiplicity of litigations, had permitted all four plaintiffs to join together in a single suit for different causes of action. Defendants 1 & 3 and defendants 2 & 4 joined together filed two different statements. It is an admitted fact that the 4th defendant had borrowed Rs.1,10,00,000/- from the 2nd & 4th plaintiffs and deposited the said amount. These two applications are concerned, it is in respect of the admitted liability of the 4th defendant and the withdrawal of the amount deposited in the suit account.
7. Therefore, it is appropriate to permit the 2nd and 4th plaintiffs to withdraw the amount as per the 4th defendant's admission. The other claim of the plaintiffs remain in dispute and will be decided in the course of the litigation. As far as the payment out application filed by the plaintiffs 2 and 4 to whom the 4th defendant admitted the liability and deposited the amount, there is no legal impediment to permit the 2nd and 4th plaintiffs to withdraw Rs.55,09,113/- each. Accordingly, the applications are allowed. 29-01-2025 rpl DR.G.JAYACHANDRAN, J.
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rpl A.Nos. 6436 & 6437 of 2024 29.01.2025 1/2 4/4