Application Nos.427 & 337 of 2022

in C.S.No.541 of 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 07.06.2023

PRONOUNCED ON : 21.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

Application Nos.427 & 337 of 2022

in C.S.No.541 of 2007

Vaata Infra Limited,

Registered Office at

No.7, 11^th Avenue,

Ashok Nagar,

Chennai - 600 083.

...

Applicant /

Plaintiff

[in both Applications]

versus

The Repatriates Co-operative Finance and

Development Bank Ltd.,

(Repco Bank Ltd),

REPCO Tower, No.33,

North Usman Road,

Chennai - 600 017.

...

Respondent /

Defendant

[in both Applications]

PRAYER in A.No.427 of 2022 : Application filed under Order XIV Rule 8

& Order 7 Rules 14(3) of Original Side Rules read with Section 151 of

Code of Civil Procedure, praying to permit the applicant / plaintiff to file 73

documents more fully described in the schedule as additional documents.

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Application Nos.427 & 337 of 2022

in C.S.No.541 of 2007

PRAYER in A.No.337 of 2022 : Application filed under Order XIV Rule 8

of Original Side Rules read with Order 6 Rules 16 & 17 of Code of Civil

Procedure, praying to amend the plaint as morefully set out in the schedule

hereunder (i) by adding new paragraphs 19 to 54 and by modifying para 19

and renumbering the existing said para 19 as para 55, (ii) by amending

prayer (i), (iii) to further amend the plaint by adding new prayer (ia) for

alternate relief for claim of refund of the payments made to the defendant,

amounting to a sum of Rs.7,49,96,209/- and together with compensation for

loss of interest amounting to Rs.8,40,94,286/- both aggregating to

Rs.15,90,90,495/- as on 30.06.2007 and together with further pendente lite

interest at 14% p.a., compounded at monthly rests from 30.06.2007 till the

date of payment.

For Applicant

: Mr.S.K.Srinivasan

[in both Applications]

For Respondent

: Mr.A.Ilangovan

[in both Applications]

C O M M O N O R D E R

Application No.427 of 2022 has been filed by the applicant to file 73

additional documents. Application No.337 of 2022 has been filed by the

applicant to amend the plaint. The applicant herein is the plaintiff in

C.S.No.541 of 2007.

2.

Heard the learned counsels for the applicant / plaintiff and the

respondent / defendant and perused the materials available on record.

Applications in brief:-

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Application Nos.427 & 337 of 2022

in C.S.No.541 of 2007

3.

The suit has been filed by the applicant / plaintiff for specific

performance, permanent injunction, declaration and directions; during the

pendency of the suit, the applicant came to know from the judgment of this

Court dated 03.12.2019 made in Crl.R.C.Nos.1322, 1324 and 1328 of 2019

that the Managing Director of the respondent / defendant Bank was charged

for misusing his official position for granting unauthorised loans; the

applicant was also apprehensive of similar acts of cheating and

misappropriation which could have been perpetrated by the defendant

against the plaintiff and hence the plaintiff made a thorough study from the

above perspective and incidentally he caught hold of several such acts

against him.

3.1.

The suit property was in possession of the plaintiff as its lessee,

the defendant initiated some recovery proceedings against the lessor and in

which the suit property was brought for sale; in the said proceedings, the

defendant had himself purchased the suit property in an auction on

16.04.1999 under a Sale Certificate dated 03.12.1999; when the plaintiff

tried to dispossess the plaintiff in pursuant to the above sale, the plaintiff

filed a suit in C.S.No.306 of 1999 by questioning the sale.

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Application Nos.427 & 337 of 2022

in C.S.No.541 of 2007

3.2.

During the pendency of the suit, the plaintiff and the defendant

entered into some understanding and in which the plaintiff had agreed t