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2022 Supreme(Mad) 1819

SENTHILKUMAR RAMAMOORTHY
Northern Arc Capital Limited, Rep. by its authorised signatory J. Veda Raguraj – Appellant
Versus
Sambandh Finserve Private Limited Rep. by its Director – Respondent


Advocates appeared:
For the Applicant:M/s. Anirudh Krishnan, Adarsh Subramanian, Shiva, Advocates. For the Respondents:R1, Rahul, M. Shankar, Supriyo Ranjan Mahopatra, R2, M/s. Prashant Rajagopal for T.M. Mano, Advocates.

JUDGMENT

(Prayer: This Application is filed under Order XIV Rule 8 of the Madras High Court original side Rules, 1956 r/w Order XIII-A of CPC praying to pass a judgment and decree and directing the first and second Respondents to pay the entire suit claim of Rs.38,16,45,711/-, jointly and severally to the Applicant herein.)

1. The Plaintiff has filed this application for summary judgment. By such application, the Plaintiff seeks a judgment and decree for the suit claim of Rs.38,16,45,711/-, jointly and severally, against the first and second Respondents/Defendants.

2. The Applicant/Plaintiff submits that the first Defendant borrowed money from the Plaintiff under multiple facility agreements. These loans were guaranteed by the second and third Respondents/Defendants. On 07.10.2020, the then Chief Financial Officer and other senior employees of the first Defendant issued a communication stating that the first Defendant does not have sufficient liquidity to service its debt obligations and had defaulted in repayment since 30.09.2020. The Applicant/Plaintiff also relies upon an email of 15.10.2020 from the second Defendant to the Plaintiff enclosing a letter dated 13.10.2020. In such let

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