ASHWIN SABANAYAGAM Vs. THE CATHOLIC SYRIAN BANK LTD.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dated 10.02.2015 made in O.S.No.4768 of 2014 on the file of the XV Additional City Civil Court, Chennai.

(2.) The petitioners are the defendants and respondent is plaintiff in O.S.No.4768 of 2014 on the file of the XV Additional City Civil Court, Chennai. The respondent filed said suit for recovery of a sum of Rs. 20,04,146/- with interest at the rate of 17.25% per annum and with a charge on the suit schedule property. According to the respondent, the respondent was a tenant under the first petitioner in respect of the property at Door No.227, Kilpauk Garden road, Kilpauk, Chennai-10. The second petitioner is the power agent of the first petitioner. The agreement of lease is dated 01.04.2013 and monthly rent is Rs. 1,75,000/-. The respondent paid advance of Rs. 17,50,000/-. As per the terms of the agreement, respondent issued three months prior notice to the petitioners on 11.07.2013 and vacated and handed over the premises to them on 12.10.2013. The respondent called upon the petitioners to refund the advance amount of Rs. 17,50,000/-, failing which, they will initiate legal proceedings for recovery of the said amount together with interest at 18% per annum. The petitioners sent a reply through their counsel on 30.11.2013 stating that after adjusting the service tax liabilities and electricity charges, they are willing to pay a sum of Rs. 10,03,631/-. The respondent by reply dated 17.03.2014 agreed to receive the said sum under the protest. The petitioners did not pay the said sum and hence, the respondent filed the said suit.

(3.) The petitioners filed an application under Order VII Rule 11 read with Section 151 C.P.C. for rejection of plaint on 10.02.2015. According to the petitioners, respondent paid Rs. 12,00,000/-, when the first lease commenced from 01.10.2007. The second lease agreement was entered into on 06.10.2012 and advance amount was fixed at Rs. 17,50,000/- and respondent paid balance amount, totalling Rs. 17,50,000/-. The respondent is liable to pay service tax and service tax payable from October 2007 to August 2012 is Rs. 7,36,656/-. According to the petitioners, the respondent can get refund of service tax paid on their behalf. In view of the above facts, the petitioners sought for rejection of plaint under Order VII Rule 11 read with Section 151 C.P.C.