This civil suit has been filed to pass a judgement and decree, directing the Defendants to pay a sum of Rs.80,82,500/- (Rupees Eighty Lakhs eighty Two Thousand and Five Hundred only) with interest at 18% p.a. on the principal sum of Rs.53,00,000/- from the date of the plaint till the date of realisation and to pay the costs of the suit.
2. The case of the Plaintiff, in a nutshell, as set out in the plaint, is that the Plaintiff has been carrying on the business of real estate. The Plaintiff had entered into a Memorandum of Understanding with the Defendants on 7.5.2007 for the purpose of procuring lands and had advanced a total sum of Rs.53,00,000/- (Rupees fifty three lakhs only), to the Defendants by way of cash and two cheques, viz. on 7.5.2007, Rs.1,00,000/-, on 7.5.2007 Rs.24,00,000/- by way of cheque no.649887, drawn on City Union Bank Limited, T.Nagar, Chennai-17 and on 27.6.2007, Rs.28,00,000/- by way of cheque no.105734 drawn on City Union Bank Limited, T.Nagar, Chennai-17. Since the Defendants had failed to procure the lands, the Plaintiff had issued a legal notice dated 2.7.2009, which was returned with an endorsement unclaimed. In spite of issuance of legal notice, neither the Defendants had procured the lands nor returned the money. In such circumstances, this civil suit has been filed for the reliefs as stated above.
3. Though the 1st Defendant had filed a written statement, the learned counsel for the Plaintiff had made an endorsement to the effect that this civil suit as against the 1st Defendant may be given up. In view of the same, by order dated 28.07.2016, this civil suit was dismissed as against the 1st Defendant alone.
4. Though the 2nd Defendant was served, no written statement had been filed by the 2nd Defendant and hence, the matter was ordered to be listed under the caption of "Undefended Board". For non filing of the Written Statement, the 2nd Defendant was set exparte and Exparte Evidence was ordered by the order of this court, dated 28.07.2016.
5. One D.Satya Narayana, the Partner of the Plaintiff Company, had filed the proof affidavit for his chief examination and receipt of 6 documents as documentary evidence to prove the suit claim. In the Evidence, the said D.Satya Narayana examined himself as PW.1 and marked Exs.P1 to P6 as documentary evidence in order to prove the suit claim.
6. Considering the oral and documentary evidence, viz. Ex.P1 to Ex.P6 adduced by PW.1, this Court is of the view that the plaintiff has proved the suit claim as against the 2nd Defendant and hence, the Plaintiff is entitled for the reliefs, as asked for. Accordingly, this civil suit is decreed as prayed for with costs as against the 2nd Defendant. Time for payment is three months.
02.11.2016 Index:Yes/No Web:Yes/No Srcm
1. List of Witnesses Examined on the side of the Plaintiff:-
1. P.W.1 D.Satya Narayana
2. List of Exhibits Marked on the side of the Plaintiff:-
1.Ex.P1 is the xerox copy of the acknowledgement of Registration of Firm, dated 18.4.2000.
2.Ex.P2 is the self attested copy of the statement of bank accounts from 2.5.2007 to 31.5.2007 for the Plaintiff.
3.Ex.P3 is the original Memorandum of Understanding entered into between the Plaintiff and the Defendants dated 7.5.2007
4.Ex.P4 is the legal notice with returned cover and acknowledgement card from the plaintiffs counsel sent to the Defendant dated 2.7.2009
5.Ex.P5 is the original notice from the Assistant Commissioner of Police to the Plaintiff, dated 16.7.2009.
6.Ex.P6 is the office copy of the complaint from the Plaintiff to the Commissioner of Police dated 15.10.2009.
3. List of Witnesses Examined on the side of the 2nd Defendant :-
Nil
4. List of Exhibits Marked on the side of the 2nd Defendant :-
Nil 02.11.2016 Srcm C.V.KARTHIKEYAN, J.
Srcm Pre-Delivery Judgement in CS.No.523 of 2010 02.11.2016 http://www.judis.nic.in