IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 16.03.2022 DELIVERED ON : 07.06.2022 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.No.2394 of 2008 and M.P.No.1 of 2008 M/s.TVS Finance and Services Ltd., (Formerly known as M/s.Haritha Finance Ltd.,)

Rep. By its Authorised Signatory Mr.G.Saikumar ... Petitioner/Petitioner/

/2^nd defendant.

vs.

1.M.Selvaraj

2.A.Govindarajan ... Respondents/

/1^st respondent/Plaintiff /2nd respondent/1st defendant.

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 13.03.2008 made in I.A.No.7632 of 2005 in O.S.No.4044 of 2004 on the file of learned XIV Asst.City Civil Judge, Chennai.

For petitioner : M/s.Anand Abdul For respondents :

for R1 : Mr.P.Veeraraghavan- No appearance

ORDER

This Civil Revision Petition is filed against the order dated 13.03.2008 made in I.A.No.7632 of 2005 in O.S.No.4044 of 2004 on the file of learned XIV Asst.City Civil Judge, Chennai.

2. The petitioner company is incorporated under the provisions of the Companies Act 1956 and is involved in the business of Hire Purchasing, Leasing and other financial facilities. The case of the revision petitioner is that the petitioner had extended Bill Discounting Facilities to the 2^nd respondent and the 2^nd respondent failed to pay the due amounts within the stipulated time and thereafter, the 2^nd respondent approached the revision petitioner for additional funds and agreed to provide the immovable property belonging to the 1^st respondent as security and for which property, the 2^nd respondent is the Registered Power Agent. The 1^st respondent also agreed to stand as Guarantor on behalf of the 2^nd respondent. The Revision petitioner had agreed to extend loan to the 2^nd respondent, the 1^st respondent also agreed to stand as guarantor on behalf of the 2^nd respondent and vide letter dated 13.05.1999 confirmed that the 2^nd respondent is his Power Agent and that the 2^nd respondent is authorised to deal with the Schedule A property, to which the Revision Petitioner had agreed to extend a further loan amount vide its letter dated 29.11.1999.

3. After deliberations between the Revision Petitioner and the 2^nd respondent, it was agreed that additional amounts would be sanctioned and major part of the said amounts would be adjusted by the Revision Petitioner against the out-standing amounts due from the 2^nd respondent under the above Bill Discounting Facilities and the balance would be released to the 2^nd respondent or its nominees.

4. In terms of the said understanding, the Revision Petitioner vide its sanction letter dated 29.11.1999 had agreed to extend loan for a sum of Rs.12,30,500/- to the 2^nd respondent on terms and conditions contained therein. Thereupon, the Revision Petitioner and the 2^nd respondent had entered into agreement dated 30.11.1999 referred as “Agreement dated 30.11.99”, whereby the revision petitioner had sanctioned loan for a sum of Rs.12,30,500/- to the

2^nd respondent on terms and conditions contained therein.

5. In terms of the Sanction letter dated 29.11.1999, the 1^st respondent had stood as Guarantor on behalf of the 2^nd respondent and had executed a Letter of Guarantee dated 30.11.1999 in favour of the Revision Petitioner guranteeing due payment of the amounts mentioned therein to the Revision Petitioner. The 2^nd respondent stood as Registered Power Agent of the 1^st respondent and had deposited the Title Deeds pertaining to the Schedule A property in favour of the Revision Petitioner as security towards payment of the amounts under the “Agreement dated 30.11.1999” and had also executed a Power of Attorney dated 30.11.1999 authorising the Revision Petitioner to deal with the “Schedule A” property.

6. As per the terms and conditions of the “Agreement dated 31.12.2000”, the 2^nd respondent was to pay a sum of Rs.28,200/- every month as Installment amount for a period of 36 months commencing from 05.04.2001. However, the 2^nd respondent had failed to pay the installment