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J.Paul Hermit Mascrenhas v. P.v.Arun

Madras HC15 Nov 2018CS/15/2016

Case brief

AI extract

What is this about?

A suit filed for recovery of a loan sum of Rs.15,82,667/-. The plaintiff proved the case by his own testimony and supporting documentary evidence regarding the loan transfer for a movie production. The defendant did not appear. The suit was decreed as prayed.

What did the court decide?

Decree for recovery of Rs.15,82,667/- being the loan amount of Rs.10,00,000/- plus interest at 24% p.a. from date of plaint till realization.

J.Paul Hermit Mascrenhas Vs P.v.Arun — Money Laundering | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.11.2018 CORAM

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THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

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C.S.No.15 of 2016

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J.Paul Hermit Mascrenhas ... Plaintiff

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Vs
P.V.Arun ... Defendant

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Plaint filed under order IV Rule 1 of O.S. Rues read with Order VII Rule 1 of C.P.C., praying for judgment and decree as follows:

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i) To direct the defendant to pay the plaintiff a sum of Rs.15,82,667/- being the amount lent to the defendant together with interest at the rate of 24% per annum on Rs.10,00,000/- from date of plaint till the date of realization;

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ii)To direct the defendant to pay the plaintiff a sum of Rs.10,00,000/- towards mental agony, damages and loss incurred by the plaintiff due to the delayed payment of the loan amount by the defendant

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iii)for cost of the suit;

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For Plaintiff : Mr.P.V.Balasubramaniam For M/s.BFS Legal

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For Defendant : No appearance. Set ex-parte on 15.11.2018

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https://hcservices.ecourts.gov.in/hcservices/

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JUDGMENT

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The suit has been filed for recovery of sum of

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Rs.15,82,667/- together with subsequent interest at 24% per annum on Rs.10,00,000/- from the date of the plaint till the date of realisation.

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According to the plaintiff, the defendant and the

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plaintiff were working together at M/s.Sterlite Industries in Tuticorin and in the year 2013, the defendant sought Rs.12,00,000/- for production of a movie viz., " Vennila Veedu". Immediately, the plaintiff had transferred the amount through online transfer (RTGS) dated 18.03.2013, 27.03.2013 and 30.03.2013 from his ICICI Bank Account, Tuticorin to the defendant's ICICI Bank account, at Anna Nagar Branch, Chennai. The plaintiff would further state that the defendant had repaid a sum of Rs.2,00,000/- and for his failure to repay the balance amount of Rs.10,00,000/- along with interest, issued a legal notice

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Ex.P5, for which, he sent a reply with baseless allegations through Ex.P6. Hence, the present suit.

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Despite service of summons, the sole defendant

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has neither entered appearance nor filed written statement

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through counsel or in person. Hence, he set ex-parte.

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The plaintiff examined himself as PW1 and his

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evidence narrated the transaction between the parties and https://hcservices.ecourts.gov.in/hcservices/

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also produced Ex.P1-copy of email sent by the plaintiff to

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the defendant dated 05.05.2014, Ex.P2-copy of email sent by the defendant to the plaintiff dated 19.05.2014, Ex.P3-copy of email sent by the plaintiff to the defendant dated 20.05.2014, Ex.P4-copy of email sent by the defendant to the plaintiff dated 20.05.2014, Ex.P5-copy of legal notice

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sent to the defendant along with delivery report, dated 11.02.2015, Ex.P6-copy of reply notice sent by the plaintiff to the defendant dated 06.03.2015 and Ex.P7rejoinder notice sent to the defendant by the plaintiff dated 27.04.2015.

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view that the plaintiff has proved his case and the Suit is

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liable to be decreed and accordingly, the Suit stands decreed as prayed for. There is no order as to costs.

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Dated at Madras this the day of 2019. JJ 25/06/2019

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

J.Paul Hermit Mascrenhas v. P.v.Arun

Case brief

What is this about?

What did the court decide?

J.Paul Hermit Mascrenhas v. P.v.Arun

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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