M/S.Taurus Gkk Leathers Pvt. Ltd. Vs N.Amirthalingam

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.04.2025

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Coram:

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The Honourable Mr.Justice C.SARAVANAN

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Application No.6321 of 2024 in C.S.No.770 of 2016

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1.M/s.Taurus GKK Leathers Pvt. Ltd.

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A Private Limited Company, Having its registered office at 40/7, Ramakrishna Street, T.Nagar, Chennai – 600 017. Rep. by its Director, Mr.M.S.G.Bhuvan Kumar

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2.M/s.GKK Exports Pvt. Ltd. A Private Limited Company, Having its registered office at 40/7, Ramakrishna Street, T.Nagar, Chennai – 600 017. Rep. by its Director, Mr.M.S.G.Bhuvan Kumar

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3.Mr.M.S.G.Bhuvan Kumar, Partner, M/s.M.G.M.Exports, 40/7, Ramakrishna Street, T.Nagar, Chennai – 600 017.

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4.Ms.G.Mallika

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5.Mr.M.S.G.Bhuvan Kumar

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6.Ms.Manju Chamundeshwari

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https://www.mhc.tn.gov.in/judis

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7.Ms.Veena Kishore

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8.Mr.G.K.Kiran Adithya

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9.Ms.G.K.Nandhitha ...Applicants Versus Mr.N.Amirthalingam ...Respondent

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Application filed under Order XIV Rule 8 of O.S.Rules r/w. Order VII Rule 11 (d) of C.P.C., 1908 praying to pass an order to reject the counter claims of the Respondent/Defendant filed in C.S.No.770 of 2016 on the file of this Court with severe costs.

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For Applicants : Mr.D.Ferdinand For Respondent : Mr.V.B.Gowwtham Thilak

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ORDER

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This Application has been filed by the Applicants/Plaintiffs seeking

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to pass an order to reject the counter claims of the Respondent/Defendant

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filed in C.S.No.770 of 2016 on the file of this Court with severe costs.

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Heard the learned counsel on both sides.

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https://www.mhc.tn.gov.in/judis

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The facts on record reveal that the Respondent/Defendant had

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demanded a sum of Rs.1,10,00,000/- as his charges towards obtaining One Time Settlement from the Applicants'/Plaintiffs' bankers viz., M/s.Union Bank of India, T.Nagar Branch, Chennai in respect of various loan accounts. When the Applicants/Plaintiffs vide Legal Notice dated 15.01.2016, called upon the Respondent/Defendant to repay the sum of Rs.1,10,00,000/- along with certain other payments, the Respondent/Defendant sent his Reply vide Notice dated 05.02.2016 which is totally irrelevant. Aggrieved over the same, the Applicants/Plaintiffs have filed the present suit for the following reliefs:

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(a) To direct the Respondent/Defendant to pay a sum of Rs.1,10,00,000/- to the Applicants/Plaintiffs together with interest at 18% per annum from the date of presentation of the plaint till the date of actual realisation; and

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(b) Costs of the suit.

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The Respondent/Defendant had filed his written statement in the

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present suit, but, he failed to make any counter-claim along with his written statement. On 09.03.2021, when the suit was taken up for hearing, this

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https://www.mhc.tn.gov.in/judis

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Court has framed the following issues:

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“(i) Whether it is true that the defendant already parted with money to the plaintiffs to the tune of Rs.5,71,00,000/-?

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(ii) Whether the suit has been filed without any cause of action?

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(iii) Whether the plaintiffs are entitled to recover the suit sum as prayed for?

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(iv) To what other reliefs?”

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After the trial in the suit commenced, the Respondent/Defendant

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had filed the Application No.2884 of 2023 in C.S.No.770 of 2016 seeking to amend the pleadings to introduce counter claims which was allowed by this Court vide order dated 25.07.2023. Aggrieved over the order dated 25.07.2023, the 1^st Applicant/1^st Plaintiff had filed an appeal in O.S.A.No.211 of 2023. However, the said appeal was dismissed by the Division Bench of this Court on 25.10.2024.

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Although the case was argued at length, it has to emphasize that judgment dated 25.10.2024 in O.S.A.No.211 of 2023 passed by the Division Bench of this Court cannot be diluted in this collateral proceedings. Therefore, this Court is not inclined to allow this Application. Therefore, this application filed to reject the counter claims of the Respondent/Defendant is liable to be dismissed.

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https://www.mhc.tn.gov.in/judis

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In the result, this Application is dismissed. The Applicants/Plaintiffs are permitted to file their Reply Statement to the counter claims of the Respondent/Defendant, on or before 26.06.2025.

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Registry is directed to list C.S.No.770 of 2016 on 16.06.2025, for framing additional issues. The learned counsel on both sides are directed to file their respective Draft Issues by then.

23.04.2025

mrr

Index : Yes/No

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C.SARAVANAN, J.