S.THANGARAJ Vs. K.T.CHITHIRAIMUTHU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant to set aside the impugned order dtd. 18/2/2022 passed in unnumbered O.S.Sr.No.15925 of 2021 by the learned I Additional City Civil Judge, FAC V Additional Judge, Chennai and thereby to direct the registry to number the Summary Suit bearing O.S.Sr.No.15925 of 2021 by taking the same on the file of the learned City Civil Court, Chennai.

(2.) According to the learned counsel for the appellant he got acquainted with the respondent in the year 2015, through a common friend. The respondent requested the appellant for financial assistance and the appellant had advanced a total sum of Rs.7,00,000.00 as hand loan to the respondent. For repayment of such loan the respondent had issued two cheques dtd. 1/3/2021 for Rs.7,14,000.00 and another dtd. 10/3/2021 for Rs.7,14,000.00 for the total sum of Rs.14,28,000.00 towards repayment of Rs.7,00,000.00 and interest amount of Rs.7,28,000.00 (i.e.) 2% per month for 52 months from October 2016 till March 2021. The said cheques were drawn on Indian Bank, Ramapuram Branch, Chennai. When the appellant presented the cheques for encashment in his bank i.e. at Karur Vysya Bank, Chennai Main Branch, Parrys, Chennai - 600 001 for clearance on 19/3/2021, the same was dishonoured for want of sufficient funds. The dishonour of the aforesaid cheques was intimated through Banker's Memo dtd. 20/3/2021 to the appellant. The appellant therefore filed the above summary suit for recovery of Rs.14,28,000.00, viz. the value of the returned cheques among other reliefs. The learned V Additional Judge, City Civil Court, Chennai (FAC) I Additional City Civil Court vide the impugned order dtd. 18/2/2022 returned the plaint under Order VII Rule 10 CPC for presentation before the proper Court of Territorial Jurisdiction, on his finding that the City Civil Court, Chennai had no territorial jurisdiction to try the case. Aggrieved by the order passed by the learned V Additional Judge, City Civil Court, Chennai (FAC) I Additional City Civil Court, the above appeal is filed by the plaintiff/appellant.

(3.) The learned counsel for the appellant among other grounds raised in the grounds of appeal submitted that the learned V Additional Judge, City Civil Court, Chennai (FAC) I Additional City Civil Court erred in returning the plaint without considering the fact that the Court had absolute territorial jurisdiction to adjudicate the summary suit against the respondent.