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2023 Supreme(Mad) 2285

V. BHAVANI SUBBAROYAN
Kotak Mahindra Bank Limited, Rep. by the Authorised Officer, Noida – Appellant
Versus
T. K. Karthikeyan – Respondent


Advocates appeared:
For the Petitioner:V. Balasubramani, Advocate. For the Respondents:B. Jeyash B. Dolia, Sr. Counsel for K. Pattabhi, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 Constitution of India to set aside the petition and order passed in I.A.No.4 of 2021 in O.S.No.78 of 2021 dated 12.03.2021 and to terminate the O.S.No.78 of 2021 on the file of learned Principal Judge, Tiruvallur.)

1. The present Civil Revision Petition is filed as against the order dated 12-3 2021 made in I.A No 4 of 2021 in O.S. No 78 of 2021 and to terminate the O.S. No. 78 of 2021 on the file of the Principal Judge. Thiruvallur.

2. The brief facts of the case are as follows:-

(i) The 1st and 2nd Respondents had obtained loan from M/s Capital First Limited, formerly known as Future Capital Holding Limited/ 3rd and 4th respondents for a sum of Rs.89,82,000/- (Rupees Eighty Nine Lakhs and Eighty Two Thousand only) upon terms and conditions mentioned in the agreement dated 23.12.2010.

(ii) As per the said agreement, the said loan facility was repayable by the respondents 1 and 2 in 180 equated monthly installments to the tune of Rs. 1,16,615/-(Rupees One Lakh Sixteen Thousand Six Hundred and Fifteen only). The respondents 1 and 2 started to commit default in repayment of amount.

(i

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