FAROK SARKARI Vs. NEW FINN GROUPS

JUDGEMENT

(1.) The short question that arises for consideration is, whether the filing of a Counter-claim, the value of which exceeds the Pecuniary limit/jurisdiction of the City Civil Court, in which the Original Suit is pending, but falls within the Pecuniary limit of the Original Jurisdiction of the High Court is a circumstance, which warrants exercise of discretion to withdraw/remove the Original Suit from the file of the City Civil Court and transfer the same to be tried by the High Court by invoking powers under Clause 13 of Letters Patent read with Sec. 24 of the Civil Procedure Code.

(2.) The Appellants herein are the Legal Heirs of the Applicant in Application No.1811 of 2020. A Suit in O.S. No.4820 of 2019 was filed before the III Additional City Civil Court, Chennai, by one M/s. New Finn Groups represented by its Partners viz., Mr. A. Balasubramanian and Mr. A. Manthira Moorthy i.e., the Respondent herein, for recovery of a Loan amount of Rs.10,00,000,.00 alleged to be borrowed by the Defendant in the Suit i.e., the father of the Appellants herein (during the pendency of the Suit, the father died and the present Appellants were impleaded as parties to the same), covered under a registered Promissory Note and for a Permanent Injunction restraining the Defendant in the Suit/Applicant from in any way disturbing, interfering and threatening the Plaintiff and his family in his place of business/residence under the guise of demanding cancellation of the registered Promissory Note, dtd. 28/8/2018 bearing Document No.47 of 2018 on the file of S.R.O. at Surandai. The said Suit is admittedly pending before the III Additional City Civil Court, Chennai.

(3.) During the pendency of the above Suit, an Application came to be filed by the Defendant in the Suit, under Order 8, Rule 6-A of the Civil Procedure Code (hereinafter referred to as "the C.P.C.") lodging a Counter-claim in respect of a sum of Rs.2.70 crores. The said Application is pending consideration before the III Additional City Civil Court, Chennai.