S.R.GOPALAKRISHNAN Vs. G.VASANTHA

JUDGEMENT

(1.) The unsuccessful defendant in O.S.No.16 of 2009, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.III, Madurai, is the appellant herein. Before the trial Court, the respondent / plaintiff filed a suit for recovery of Rs.7,50,000/- with interest from the date of plaint till the date of realisation and for costs. By the Judgment and Decree, dated 16.09.2009, the learned Additional District and Sessions Judge decreed the Suit with costs, directing the defendant to pay a sum of Rs. Rs.7,50,000/- with interest at the rate of 12% per annum from the date of filing of the suit till the date of Judgment.

(2.) For the sake of convenience, the parties are referred to as, as described before the trial Court.

(3.) The gist of averments made in the plaint, in brief, are as follows:- (i) The defendant is doing the Jewellery Business, under the name and style of 'Jeyalakshmi Jewellery Mart' and was having a close contact with one G.Sivanandam, the plaintiff's eldest son. He requested the members of the plaintiff's family to deposit the money in the account of 'Jeyanthi Finance' his another concern and in response to the request of the defendant, the plaintiff, her son, daughter and daughter-in-law all have deposited a sum of Rs.17,20,000/-, during the period of 2000-2004. Against which, the defendant issued receipts with a chit in his own handwriting in acknowledgement of alleged deposits, in favour of 'Jeyanthi Finance'. The plaintiff deposited Rs.4,00,000/- on 01.08.2000, besides a sum of Rs. 3,50,000/-, on 28.01.2003, with the defendant, who issued the deposit receipts in writing respectively. (ii) The defendant used to pay the interest through the husband of the plaintiff, at the rate of 2% per month, for some months and then, he failed to pay interest from the year of 2005. In the meantime, there was a serious dispute between the defendant and the eldest son of the plaintiff in their business in partnership on the plea that the son of the plaintiff misused a property document of the defendant in obtaining loan, in favour of one 'Arasan Trading Company' from the Union Bank of India of Kochadai Branch, Madurai. Therefrom, the defendant refused to release the deposited money of the plaintiff. There was few Panchayats between the parties for the amicable settlement of releasing the deposited money, but the defendant was adamant in releasing the money owed to the plaintiff. (iii) Based on the complaint given by the plaintiff, a criminal case was registered against the defendant, in Crime No.42 of 2006, by the Inspector of Police, City Crime Branch, Madurai and the same is pending for investigation. The defendant somehow managed on 19.09.2006 to file an anticipatory bail application. After getting the anticipatory bail order, he filed the vexatious petition against the plaintiff in PCEIOP No.1 of 2006, on the file of the learned First Additional District Judge, Madurai. The said petition was dismissed for default on the part of the defendant. In the said proceedings, the defendant has admitted his liability to repay the deposit and he himself alleged in PCEIOP No.1 of 2006 that he has regularly paid interest for the deposit upto May, 2006, as such, the question of Limitation will not arise. Even after registration of the criminal case, the defendant has not realized his moral and legal responsibility to discharge the monetary liability. Hence, the Suit.