LAWS(MAD)-2023-11-34

K. LOGANATHAN Vs. A. ELANGO

Decided On November 02, 2023
K. LOGANATHAN Appellant
V/S
A. ELANGO Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dtd. 21/2/2023 passed by the Learned XXIII Additional Judge, City Civil Court, Chennai in I.A.No.3 of 2022 in O.S.No.4795 of 2022.

(2.) The petitioner / plaintiff had originally filed a suit for recovery of money with subsequent interest. The respondent had contested the suit by way of filing a written statement and thereafter, the petitioner filed I.A.No.3 of 2022 to receive and take on record (i) Compact Disc and (ii) Call History / Transcription of the Teleconversation, as plaintiff's side documents. The said I.A. was dismissed by the Trial Court, against which, the present CRP has been filed.

(3.) The learned counsel for the petitioner submitted that the respondent is a cousin to the petitioner. Based on the close relationship, the respondent borrowed a sum of Rs.12,75,000.00 (Twelve Lakhs and Seventy Five Thousand) for his personal and business needs from the petitioner on various dates over a period of time between 2017 to 2019 with an agreed 2% interest rate over the sum borrowed. After receipt of the money, the respondent neither paid any amount towards principal nor paid any amount towards interest. After continuous and persistent follow up, the respondent issued a Cheque No.000301 for Rs.25,000.00 dtd. 12/8/2021 and Cheque No.000302 for Rs.25,000.00 dtd. 25/8/2021 drawn on Karur Vysya Bank, towards part payment of his dues and it was also realized by the petitioner as a part payment towards respondent's liability. After the payment of Rs.50,000.00 in 2021 towards interest, the respondent continues to owe and be liable to pay Rs.12,75,000.00 to the petitioner along with interest at 2% p.m. The respondent thereafter neither paid any interest nor the principal amount of Rs.12,75,000.00 till date. The petitioner issued a legal notice dtd. 16/4/2022 and the same was received by the respondent on 18/4/2022. The respondent issued a reply notice dtd. 24/5/2022 to the petitioner, amongst others, admitting liability. Hence, it necessitated the filing of the suit in O.S.No.4795 of 2022.