M/S.E.H.Turel and Company Vs G.D.Ranka and Another

C.S.No.304 of 2011 and C.R.P.No.3038 of 2013

N.SESHASAYEE, J.

These cases are decided by this Court on 06.12.2024, and it is listed today under the caption "for being mentioned" at the instance of the learned counsel for the plaintiff in C.S.No.304 of 2011.

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2.The learned counsel submitted that the cause title of the judgment does not indicate who has appeared and argued for the plaintiff in C.S.No.304 of 2011 and that may have to be inserted. He added that in the relief portion at page No.54 of the judgment, the Court has not indicated the period within which the defendants are required to execute the sale deed.

¶6

3.The learned counsel for the defendants said that even the name of the counsel for the defendants also not mentioned in the cause title in C.S.No.304 of 2011.

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*Date*	*Amount*	*To whom payment* *was made*
26.12.1996	Rs.15 lakhs	1^stdefendant
27.3.1997	Rs.20 lakhs	1^stdefendant
27.3.1997	Rs.30 lakhs	2nddefendant
28.10.1997	Rs.3.0 lakhs	1^stdefendant
4.11.1997	Rs.3.5 lakhs	1^stdefendant

*Date*	*Amount* *(in lakhs)*	*Purpose of payment* *according to Defendants*
26.12.1996	Rs.15	For refurbishing the suit property as requested by the plaintiff.
27.3.1997	Rs.20	Towards rent for the suit property
27.3.1997	Rs.30	@ Rs.40k/pm for 10 years paid in advance
28.10.1997	Rs.3.0	No reference in the written
4.11.1997	Rs.3.5	statement

*Plaintiff :*
PW1	Viraf Turel
PW2	Nikhil Madhav Sampat
*Defendant :*
DW1	G.D.Ranka (first defendant)

*Plaintiff*	:
Ex.P1	25.03.1982	Certified copy of sale deed and construction agreement by defendants in favour of plaintiff in respect of 876 sq.ft. Of UDS and for construction of ground floor - showroom and first floor – flat.
Ex.P2	09.11.1987 to 12,06.2001	Sample letters, invoices and bills pertaining to business transaction between plaintiff and defendants between 09.11.1987 to 12.06.2001.
Ex.P3	26.12.1996	Photocopy of D.D.bearing No.403496 dated 26.12.1996 for Rs.15,00,000/- in favour of first defendant with acknowledgement
Ex.P4	26.03.1997	Plaintiff's letter to its banker for issuance of D.D. for Rs.20,00,000/- in favour of first defendant, along with photocopy of demand draft bearing 403928 dated 27.03.1997 for Rs.20,00,000/-
Ex.P5	26.03.1997	Plaintiff's letter to its banker for issuance of D.D. for Rs.30,00,000/- in favour of second defendant, along with photocopy of demand draft bearing 403927 dated 27.03.1997 for Rs.30,00,000/-

*Plaintiff :*
Ex.P6	28.10.1997	Plaintiff's letter to the first defendant enclosing a demand draft bearing No.025098 dated 28.10.1997 for Rs.3,00,000/-
Ex.P7	04.11.1997	Plaintiff's letter to its banker for issuance of D.D. for Rs.3,50,000/- in favour of first defendant, along with photocopy of demand draft bearing No.762914 dated 04.11.1997 for Rs.3,50,000/-
Ex.P8	31.07.1997	Certified copy of sale deed in favour of plaintiff for purchase of first floor flat from Mrs.Sushila Gopinath
Ex.P9	31.07.1997	Certified copy of sale deed in favour of plaintiff for purchase of the covered car park from Mrs.Sushila Gopinath
Ex.P10	01.04.1998	Photocopy of Confirmation of Accounts signed by defendants ( 2pages)
Ex.P11	01.04.2003	Plaintiff's copy of Confirmation of Accounts sent to defendants (2 pages)
Ex.P12	21.12.2007 to 31.08.2008	Original Statement of Accounts with bill and vouchers for expenses incurred for renovation of suit property
Ext.P13	1998 - 2011	Statement of Accounts with Corporation tax receipts for tax paid by the plaintiff for the suit property [2/1998- 1999 to 2/2010-2011]
Ext.P14		Statement of accounts with receipts for payment of Water and Sewerage Tax for suit property
Ext.P15	Dec.1996 – March 2011	Receipts issued to the plaintiff for the payments received by Shree Apartments Association towards maintenance, repairs and paintings done at the premises at 4A, Haddows Road, Chennai – 600 006.
Ext.P16	29.03.2006	Letter issued to the Indian Bank by M/s.Kiara Technologies (India) Pvt Ltd. (plaintiff's sister concern) for issuance of No Lien deposit of Rs.30,00,000/-.
Ext.P17	10.01.2011	Legal notice issued by defendants

*Plaintiff :*
Ext.P18	06.04.2011	Notice to the plaintiff herein issued by X Court of Small Causes at Madras in RCOP.No.514/2011 laid by the defendants herein, for his appearance before Court on 07.7.2011
Ext.P19	16.07.1965	Certificate of registration issued by the Registrar of Firms, Mumbai
Ext.P20	25.06.2006	Partnership deed of E.H.Turel & Co.,
Ext.P21	29.10.1997	Balance Sheet for the Assessment Year 1997-1998 filed by the plaintiff before the Income Tax Department
Ex.P22 (P.W.2)	31.05.1987	Photocopy of certificate of membership issued by the Institute of Chartered Accountants of India to certify Nikhil Madhav Sampat of Bombay was admitted as an Associate of the Institute
Ex.P23 (P.W.2)	31.05.1987	Photocopy of certificate of membership issued by the Institute of Chartered Accountants of India to certify Nikhil Madhav Sampat of Bombay is entitled to practise as a Chartered Accountant.
Ex.P23 & Ex.P24 (P.W.1)	21.11.2012	Original certificate issued by Bombay Mercantile Co- operative Bank Ltd., for issuance of Demand Draft for Rs.15.0 lakhs in favour of 1^stdefendant along with the Statement of Account of the plaintiff company from 01.12.1996 to 31.12.1996
Ex.P24 (P.W.2)	22.09.1999	Certificate of Incorporation issued to M/s.Kiara Technologies (India) Pvt Ltd by the Registrar of Companies, Maharashtra, Mumbai.
Ex.P25 (P.W.2)	29.11.2000	Acknowledgement for filing the Income Tax Returns by M/s.Kiara Technologies (India) Pvt Ltd., for the assessment year 2000-2001
Ex.P25 & Ex.P26	22.11.2012	Certificate issued by Bombay Mercantile Co-operative Bank Ltd., certifying issuance of Banker Cheque No.403928 of CITI Bank for Rs.2.0 lakhs favouring
(P.W.1)		Mr.G.D.Ranka by debiting CA A/c. No.E.H.Turel & Company on 27.3.1997 and passed through clearance.

*Plaintiff :*
Ex.P26 (P.W.2)		Income Tax Statement of the plaintiff as on 31.03.2004.
Ext.P27 (P.W.1)	22.11.2012	Certificate issued by Bombay Mercantile Co-operative Bank Ltd., certifying issuance of Banker Cheque No.403927 of CITI Bank for Rs.3.0 lakhs favouring Mr.G.D.Ranka by debiting CA A/c. No.E.H.Turel & Company on 27.3.1997 and passed through clearance.
Ext.P27 (P.W.2)	09.11.2015	Fresh certificate of incorporation consequent upon of change of name of M/s.KIARA Technologies (India) Private Limited to M/s.DUERKOPP ADLER – Turel Technology Private Limited
Ext.P28 (P.W.1)	21.11.2012	Account statement of the plaintiff issued by Bombay Mercantile Co-op. Bank Ltd for the period 01.03.1997 to 31.03.1997
Ex.P29 (P.W.1)	22.03.2013	Certificate issued by Union Bank of India certifying issuance of pay order for Rs.3.0 lakhs favouring Mr.G.D.Ranka by debiting from A/c.No,412301010029024 of Turel Sales Corporation on 28.10.1997
Ex.P30 & Ex.P31 (P.W.1)	22.11.2012	Certificate issued by Bombay Mercantile Co-operative Bank Ltd certifying issuance of Banker's cheque for Rs.3.50 lakhs favouring Mr.G.D.Ranka by debiting from CA A/c.No,20041 of Turel Sales Corporation on 04.11.1997
Ex.P32 (P.W.1)	01.04.1996	Rental Agreement entered into between M/s.Ranka Pharmaceuticals Pvt Ltd., and E.H.Turel & Co.,
Ex.P33 (P.W.1)	09.04.1997	Form 16-A of M/s,E.H.Turel and Co
Ex.P34 (P.W.1)	01.04.1996	Rental Agreement entered into between M/s.Ranka's (Madras) Private Limited and M/s.Turel Sales Corporation
Ex.P35 (P.W.1)	09.04.1997	Form 16-A of M/s,Turel Sales Corporation

*Plaintiff :*
Ex.P36 (P.W.1)	24.03.2008	Cheque issued in favour of CMWSSB by M/s.E.H.Turel & Company for Rs.30,977/- & also enclosed the statement provided by CMWSSB for the period 1993 to 2003.
Ex.P37 (P.W.1)	30.03.2006	Letter addressed by KIARA Technologies to M/s.Indian Bank for release of documents and issuance of 'No Claim Certificate” against the property at Haddows Road
Ex.P38 (P.W.1)	24.06.2008	Photocopy of cheque issued to M/s.Alba Corporation for a sum of Rs.28,584/- by M/s.E.H.Turel and Company vide cheque No.276652
Ex.P39 (P.W.1)	15.11.2007	Sale executed executed by Mrs.Taradevi Kothari in favour of M/s.E.H.Turel and company
Ex.P40 (P.W.1)	20.03.2002	Original property tax demand card along with the first defendant's handwritten note
Ex.P41 (P.W.1)	06.09.2002	Original property tax demand card along with the first defendant's handwritten note
Ex.P42		Original Water and Sewerage Tax cum Charges Card for the period 2005-2010 along with original receipts
Ex.P43		Original Receipts issued by CMWSSB to G.D.Ranka dn Mangla G.Ranka
Ex.P44	20.03.2014	Property Tax collection receipt for the payment made by G.D.Ranga
Ex.P45		Photocoopy of O.A.No.745 of 1999 filed by Indian Bank against the defendants' group before Debts Recovery Tribunal at Chennai.
Ex.P46	17.04.2002	Reply statement filed by the defendants in O.A.No.577 of 2001 (Originally O.A.No.745 of 1999)
Ex.P47	27.03.2006	Photocopy of conditions of OTS given by Indian Bank to defendants
Ex.P48	31.03.2006	Letter addressed to the Chief Manager, Indian Bank by

*Plaintiff :*
		the first defendant regarding OTS of GDR Group Account as concerning the payment made by KIARA Technologies
Ex.P49	23.05.2006	Letter issued by M/s.KIARA Technologies to the Indian Bank for renewal of validity of FDR for another 45 days
Ex.P50	13.11.2006	Letter addressed to the Asst. General Manager by first defendant requiring to provide a full settlement of dues of OTS
Ex.P51	15.04.2014	Certificate issued by Bombay Mercantile Co-operative Bank Ltd certifying the authorised signatories of M/s.E.H.Turel & Co.,
Ex.P52	30.09.2005	Notice issued by the Indian Bank under Sec.13(4)(D) of the SARFAESI Act
Ex.P53	25.01.2016	Legal notice issued by the plaintiff's counsel to the defenants' counsel under Sec.66 of the Indian Evidence Act r/w. Order XII Rule 8 CPC
Ex.P54	03.03.2016	Reply notice by the defendant's counsel to the counsel for the plaintiff in regard to their letter dated 25.01.2016
Ex.P55		Photocoopy of O.A.No.745 of 1999 filed by Indian Bank against the defendants' group before Debts Recovery Tribunal at Chennai.(Ext.P45)
Ex.P56	17.04.2002	Reply statement filed by the defendants in O.A.No.577 of 2001 (Originally O.A.No.745 of 1999)(Ex.P46)
Ex.P57	27.03.2006	Photocopy of conditions of OTS given by Indian Bank to defendants(Ex.P47)
Ex.P58		Letter addressed to the Asst. General Manager by first defendant requiring to provide a full settlement of dues of OTS(Ex.P50 remarked as Ex.P58)

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