Madras High CourtCRP(MD)/2632/2016allowed

The Branch Manager v. K.S.Anantharajan

2018-09-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (MD) No.2632 of 2016 (PD) and CMP(MD)No.12376 of 2016 The Branch Manager, City Union Bank Ltd, Madurai Road, Virudhunagar - 626 001.

... Petitioner Vs.

1.K.S.Anantharajan 2.Rajasulochana ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 03.11.2016 passed in I.A No.152 of 2016 in O.S No.40 of 2015 on the file of the Subordinate Judge, Virudhunagar.

For Petitioner : Mrs.P.Jessi Jeeva Priya for Mr.S.V.Nagarajan For Respondents : No appearance

ORDER

The plaintiff in O.S No.40 of 2015 on the file of the Sub Court, Virudhunagar is the revision petitioner herein. The case of the plaintiff is that the defendants had availed loan and have committed default. Therefore, to recover the amount, this money suit has been filed. The defendants dispute the signatures attributed to them. Therefore, it is for the plaintiff to take such measures as they deem fit. In any event, there cannot be a comparison with a sample signature that has to be obtained afresh from the defendants in the open court. That may cause confusion. In this view of the matter, the order impugned in this civil revision petition is set aside. This civil revision petition is allowed.

No costs.Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-II)

To The Subordinate Judge, Virudhunagar.

+1cc to Mrs.P.Jessi Jeeva Priya, Advocate Sr.No.84263 SKM VB/PM/SAR2/16.10.2018/2P/3C CRP (MD) No.2632 of 2016 (PD) and CMP(MD)No.12376 of 2016 14.09.2018 https://hcservices.ecourts.gov.in/hcservices/