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2008 Supreme(Mad) 4237

M.VENUGOPAL
V. Munusamy – Appellant
Versus
S. Venkatesan & Another – Respondent


Advocates Appeared:
For the Petitioner:V. Ravi, Advocate.
For the Respondents:R1, Ms. N. Christella, Advocate.

Judgment :-

The revision petitioner/petitioner/plaintiff has filed the present revision petition as against the order dated 2. 2008 passed in I.A.No.7124 of 2008 in O.S.No.1832 of 2003 by 15th Assistant Judge, City Civil Court, Chennai in dismissing the application filed by the revision petitioner/petitioner/plaintiff under Sections 5 and 8 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003( Tamil Nadu Act 38 of 2003) (hereinafter referred to as "the said Act").

2. The trial Court, while dismissing the said Interlocutory application, has inter alia opined that the revision petitioner/ petitioner/ plaintiff has come forward without asking for any relief but take note of the bonafide payment made and as such, no relief can be granted in this petition. If at all, if any payment is made or proved to be made, the Court will definitely consider the same in deciding the main case and has resultantly dismissed the said application.

.3. The learned counsel appearing for the revision petitioner urges before this Court that the trial Court has failed to appreciate the fact that the revision petitioner/petitioner/plaintiff is entitled to seek relief under the provision of















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