ASAN MEMORIAL ASSOCIATION Vs. S. DHANASEKARAN

JUDGEMENT

(1.) This Civil Revision Petition arises against the order of the learned III Assistant City Civil Judge, Chennai, in I.A. No.3 of 2023 in O.S. No.8084 of 2021. The Civil Revision Petitioner is the Plaintiff in the Suit. The Civil Revision Petitioner is a Society running an Educational Institution under the name and style of "Asan Memorial Senior Secondary School". The said institution is affiliated to the Central Board for Secondary Education since the year 1966.

(2.) The cause of action for the filing of the Suit is that the 1st Defendant had enrolled the 2nd Defendant in the said School but defaulted in payment of School Fees from the Academic years 2018-2019 till 2020-2021. This resulted in accumulation of outstanding of Rs.76,275,.00 which the School demanded by way of present Suit, calculating Interest at the rate of 12% per annum.

(3.) The Defendants filed a detailed Written Statement placing reliance upon the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. According to the Defendant, the fee that is collected by the School is in excess of the rate fixed by the Fee Fixation Committee created under the Act and they would plead that the School is not entitled to the claim as sought for.