IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.12.2009
Coram
THE HONOURABLE MR. JUSTICE M. VENUGOPAL
C.R.P.(NPD)No.3002 of 2009
N.Subhash chand Jain ...Petitioner
Vs.
M/s Uniply Industries Limited,
No.1683, Sydenhams Road,
Chennai 600 003
rep byits Managing Director
Mr.B.L. Bengani ...Respondent
Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair order and decretal order dated 19.08.2009 passed in I.A.No.10858 of 2008 in O.S.No.4032 of 2001 on the file of the City Civil Court, II Assistant Judge, Chennai
For Petitioner : Mr.A.R.L.Sundaresn
Senior counsel
For Respondent : Mr.T.D.Selvan Babu
O R D E R
The petitioner/defendant has filed the Civil revision petition as against the order dated 19.08.2009 in I.A.No.10858 of 2008 in O.S.No.4032 of 2001 passed by the Learned II Assistant Judge, City Civil Court, Chennai in directing the revision petitioner/defendant to deposit a principal sum of Rs.59,084/- into the Court before 7.9.2009 and the cost of Rs.2,500/- to be paid to the respondent/plaintiff and has also observed that if the condition is not complied with, the petition will stand dismissed and directed the matter to be called on 08.09.2009.
2.Assailing the order of the trial Court passed in I.A.No.10858 of 2008 dated 19.08.2009, the learned counsel for the revision petitioner/defendant submits that the petitioner has a good defence in the main case and the trial Court should not have directed the petitioner to deposit the entire suit claim as a condition precedent for allowing the application and further imposing condition to deposit the entire sum is an onerous one and the same being burdensome one and in the interest of justice, the same has to be set aside by this Court by means of allowing the civil revision petition.
3.In response, the learned counsel for the respondent/plaintiff submits that the respondent/plaintiff has filed the main suit for recovery of sum of Rs.76,809/- towards principal and interest calculated up to the date of plaint etc., and the trial Court imposing a condition of directing the petitioner to pay a sum of Rs.59,084/- along with cost of Rs.2,500/- is a just and valid order. In the facts and circumstances of the case and in any event the same cannot be construed to be an excessive and onerous one and in short he supports the order of the trial Court in all aspects.
4.This Court has paid its anxious consideration to the arguments advanced by the learned counsel appearing for the parties and noticed the same.
5.It is an axiomatic fact in law that the Court of Law can pass a conditional order in an application, requiring a particular party to pay some amount either towards principal or towards costs. As far as the present case is concerned, since the claim itself relates to a principal sum of Rs.59,094/- and the same comes to Rs.76,809/-i.e., towards principal and interest as on date of the plaint, this Court on the basis of Equity, Fair play and Good conscience and even as matter of Prudence directs the petitioner to deposit a sum of Rs.29,542/- together with interest cost of Rs.2,500/- to the credit of O.S.No.4032/2001 before the trial Court to meet the ends of justice in a common sense pragmatic manner.
5. Accordingly, the order passed by the trial Court in I.A.No.10858 of 2008 in O.S.No.4032 of 2001 on the file of the Learned II Assistant Judge, City Civil Court, Chennai is set aside. The petitioner/defendant is directed to deposit a sum of RS.29,542/- together with interest to the credit of the main suit in O.S.No.4032 of 2001 on the file of the trial Court (II Assistant Judge, City Civil Court, Chennai) within a period of two weeks from the date of receipt of a copy of this order
6.Added further, the trial Court shall deposit a sum of Rs.29,542/- (Twenty nine thousand five hundred and forty two only) in any one of the Nationalised Banks for a period of three months in fixed deposit. Liberty is given to the respondent/plaintiff to withdraw the costs of Rs.2,500/- (Rupees Two thousand and five hundred only) (when the same is deposited before the trial Court) by means of respondent/plaintiff taking out necessary payment out application as per Civil Rules of Practice.
7.Further, the petitioner/defendant is directed to file a written statement within a period of two weeks from the date of receipt of copy of this order and the trial Court is directed to frame issues immediately without any loss of time in the matter in issue and also the trial Court is directed to dispose of the main case within a period of three months thereafter and to report compliance to this Court without fail.
7.In the result the civil revision petition is allowed in above terms. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Registrar,
City Civil Court,
Chennai.
2.The Section Officer, (To watch and report)
Judicial Section,
High Court,
Madras 104