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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
S. Sekar S/o Late Seethapathy – Appellant
Versus
P.C. Choudhary and Sons – Respondent
ORDER :
The matter was mentioned at the request of the learned counsel for the petitioner. The learned counsel for parties requested for copy of the order dated 14.08.2025 to be marked to the Principal District Judge, Tiruvallur, since the directions have been given in paragraph 23 of the order.
Hence, Registry is directed to incorporate in the “To” portion at page No. 13 that the copy also to be marked to the Principal District Judge, Tiruvallur and issue fresh order copy after making necessary corrections.
1. A borrower who filed O.P.No.2 of 2022 under Sections 3, 5, 8 and 12 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 is the revision petitioner. Aggrieved by dismissal of the said original petition, he has preferred the present revision petition.
2. I have heard Mr.S.Kamadevan, learned counsel for the revision petitioner and Mr.M.Kempraj, learned counsel for the respondent. I have also gone through the records and the decisions on which reliance has been placed on by the learned counsel on either side.
3. The learned counsel for the petitioner, Mr.S.Kamadevan would state that for recovering a mortgage loan of Rs.75 lakhs and the respondent being a money len
The main legal point established in the judgment is that the transactions between the parties were purely commercial and not covered under the Money Lenders Act, leading to the quashing of the procee....
The Act applies only to transactions strictly governed by its provisions and excludes transactions governed by other Acts.
The court affirmed that the maximum interest for secured loans is 9% per annum under Tamil Nadu law, and the plaintiffs failed to prove their claims of excessive interest charges.
Plaintiffs are bound by the contractual interest of 27% per annum as per mortgage deeds and have not proven excess payments or that defendants are money lenders under the Tamil Nadu Money Lenders Act....
The necessity of proving that a person is engaged in money lending as a business and that the interest charged exceeds legal limits to sustain charges under the Kerala Money Lenders Act and the Keral....
The central legal point established in the judgment is the interpretation and application of the Exorbitant Interest Act, 2003 in the context of loan transactions and the charging of exorbitant inter....
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