R.SUBRAMANIAN Vs. INDUSIND BANK LTD.

JUDGEMENT

(1.) The plaintiff in COS No. 1956 of 2022 on the file of the Additional Commercial Court at Egmore is the appellant herein aggrieved by the Judgment dtd. 5/2/2025, by which Judgment, the Commercial Court had returned the plaint under OrderVII Rule 10(1) CPC for representation before the appropriate Court by fixing the value of the suit for the relief of declaration at Rs.30.00 crores and after payment of necessary Court fee under Sec. 40(1) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (the Act).

(2.) The appellant appeared as party-in-person through video conference. He contended that he had instituted the suit seeking a declaration that the document dtd. 29/5/2008 claimed as a guarantee, executed by him in favour of the first defendant, IndusInd Bank Ltd., Nungambakkam, Chennai, in respect of the debts of the second defendant/Subiksha Trading Services Ltd., Chennai, as void abinitio and unenforceable and for a permanent injunction restraining the first defendant from making or pursuing a claim against the plaintiff in connection with the deed of guarantee dtd. 29/5/2008 and for costs of the suit.

(3.) In the cause of action in the plaint dtd. 28/10/2011, it had been contended that the plaintiff had executed the guarantee deed in the office of the first defendant on 29/5/2008. Subsequently in the year 2010, the first defendant had filed O.A.No. 181 of 2011 raising a claim under the guarantee against the plaintiff.