IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 04.02.2022 PRONOUNCED ON : 15.03.2022 CORAM THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN S.A.No.594 of 2019, C.M.P.Nos.4499 & 4502 of 2021 and C.M.P.No.10015 of 2019 G.R.Thiyagasundara Mudaliar ...Appellant Vs.
1.M.Vanathi
2.Indian Bank Thiruvarur, Represented by its Branch Manager, Nethaji Road, Thiruvaur Town & Taluk & Munsif.
3.Indian Oil Corporation Ltd., Trichy, Represented by its Senior Divisional Retail Sales Manager, Triveni 3rd Floor, B-35, Shastri Road, Thillai Road, Trichy -17. ...Respondents Prayer:- Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in A.S.No.36 of 2018 dated 18.02.2019, on the file of the learned Subordinate Judge, Thiruvarur reversing the judgment and decree in O.S.No.110 of 2016 dated 06.06.2018 on the file of the learned District Munsif, Thiruvarur.
For Appellants : Mr.C.Umashankar for M/s.B.P.Vinoth For Respondents : Mr.Satish parosaran for M/s.R.Parthasarathy for R1 Mr.J.John Kingslin for R2 Mr.Mohammed Fayaz Ali for R3.
JUDGMENT
This Second Appeal is filed challenging the judgment and decree of the learned Subordinate Judge, Thiruvarur in A.S.No.36 of 2018 reversing the judgment and decree of the learned District Munsif in O.S.No.110 of 2016.
2.The appellant/plaintiff filed the suit for reliefs, as follows, a)Declaring that the power of attorney deed dated 01.06.2012 registered as document No.140/12 on the file of the Sub Registrar, Tiruvarur is a document coupled with interest and irrevocable. Hence its revocation is void under law.
b)Granting the relief of permanent injunction restraining the defendants their men, agents and servants from causing any interference to the peaceful administration and management and maintenance of KVR Krishna agencies, Indian Oil Petroleum Corporation retail outlet at Kattur and the current account No.6040795018 with the 2nd defendant and in getting supply of petroleum products from the 3rd defendant in due course of the business.
c)Granting the relief of permanent injunction restraining the 1st defendant, her men, agents and servants from terminating the power of attorney deed dated 01.06.2012 registered as document No.140/2012 on the file of the Sub Registrar, Tiruvarur.
d)Directing the defendants to pay the cost of this suit.
3.The case of the appellant is that, he hails from a very noble and respectable and traditional family from Tiruvarur. He got experience in running retail petroleum products for more than 40 years and he was a dealer for Hindustan Petroleum Corporation till sometime back. He was running the business under the name and style of Krishna Agencies in 25E, Nethaji Road, Tiruvarur. He has been maintaining current account facility for his business in account No.449018804 with the second respondent till now. First respondent and her family belong to the same caste and community of the appellant and they were family friends for more than a century. Appellant came to know that third respondent is looking forward to grant a retail outlet at Kattur, under the female quota. Appellant's daughters are married and living with their husbands and he found it difficult to get dealership in their name. Appellant told them that he was in search of good place at Kattur for locating a retail outlet. First respondent's father R.Mohan proposed the idea of granting a lease of his land for establishing the retail outlet and it was decided to apply the dealership outlet in the name of the first respondent. Appellant with his rich experience and influence spent huge money and got dealership outlet in the name of the first respondent. He spent Rs.60 lakhs/- for providing infrastructure facilities and establish a model bunk at Kattur. First respondent and her father entered into a memorandum of understanding with the appellant and agreed to receive Rs.5000/- per month towards the rent for the land and Rs.5000/- to the first respondent for lending her name for securing the retail outlet. Appellant invested all the necessary amount and the petroleum outlet was named as KVR Krishna Agencies. Through a general power of attorney deed dated 01.06.2012, first respondent nominated, constituted and appointed the appellant as a lawful power of attorney to do all the necessary acts, deeds, things relating to the business. It was registered on 04.03.2012. Appellant opened a current account with the second respondent for the business of KVR Krishna Agencies in account No.6040795018. Appellant used to send SMS to the first respondent relating to the placing of orders with the third defendant and certain message will be forwarded by the first respondent to the third respondent for effecting the supplies. Appellant would send money to third respondent through RTGS from the account of KVR Krishna Agencies. Whatever the sales take place in KVR Krishna Agencies, proceeds will be deposited in the KVR Krishna Agencies account and then the amount will be transferred to the account of KVR Krishna Agencies. KVR Krishna Agencies is completely
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