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IN THE CITY CIVIL COURT AT CHENNAI

OS.NO. of 2022

Ms. Thamilarasi
D/o. Vetrivel,
No.24, 6th Nethaji Street,
Lakshmipuram,
Thiruvanmiyur,
Chennai-600041 … Plaintiff
Vs

R. Gangadharan
S/o. Rajagopal,
No.2/7, Lal bagathur Sastri Street,
Lakshmipuram,
Thiruvanmiyur,
Chennai-600041 … Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC

The plaintiff above named submits as follows:-

1. The Plaintiff is Ms. Thamilarasi D/o. Vetrivel, Hindu, aged about…

years, residing at No.24, 6th Nethaji Street, Lakshmipuram,
Thiruvanmiyur, Chennai-600041.

The address for service of all notices and processes on the plaintiff
is that of her counsel, Mr. TN.Buvaneswaran, Advocate having Office
address at Fathima Tower, No.117/227, Triplicane High Road,
Triplicane, Chennai-600005. Mobile No-9840333644,
buvaneswaran.tn@gmail.com .

2. The Defendant is Mr. R.Gangadharan, S/o. Rajagopal, Hindu, aged

about… years, residing at No.2/7, Lal Bagathur Sastri Street,
Lakshmipuram, Thiruvanmiyur, Chennai-600041.
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The address for service of all notices and processes on the

defendant is the same as stated above.

3. The Plaintiff submits that the Defendant and his mother had
approached the plaintiff for financial assistance for the defednats’s
financial commitments and obtain a sum of Rs.20,000/- (Rupees Twenty
Thousand Only) on 01.04.2019, a sum of Rs.20,000/- (Rupees Twenty
Thousand Only) on 01.07.2019 and also obtained a sum of
Rs.1,00,000/- (Rupees One Lakh Only) on 01.10.2019. Based on the
defendant’s request, the plaintiff had given the said Financial assistance
to the Defendant as requested. The Plaintiff states that the Defendant
had given an undertaken to repay the same together with interest. The
plaintiff states that only after several personal follow-ups and reminders,
the Defendant had neither paid the interest nor the principal. Finally, the
Defendant had admitted the defendant’s liability for a sum of
Rs.2,00,000/- together with interest and Principal and assured to repay
and settle loan amount for a sum of Rs. 2,00,000/- (Rupees Two Lakhs
Only) on or before 31.09.2021 in the presence of two witness.

4. The plaintiff states that though the plaintiff had given sufficient time to
pay the aforesaid amount but the defendant have failed and neglected to
pay the aforesaid amount due and payable by the defendant to the
plaintiff, which legally enforceable debt. It is pertaining to state that at the
time of obtaining the said loan, the defendant had given an undertaken
to repay the said due within due course. Based on the said undertaken
only, the plaintiff had given fresh the said loan to the defendant. After
obtain the said loan from the plaintiff, the Defendant had evaded to
make payment of the plaintiff’s lawful the above said due for Rs.
2,00,000/- (Rupees Two Lakhs Only).
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5. The plaintiff submits that even though the plaintiff had given adequate
time to pay the aforesaid amount, whereas the defendant has failed and
neglected to pay the dues to the plaintiff herein, which is legally
enforceable debt. It is imperative to mention at this juncture that at the
time of obtaining the said loan, the defendant had given an undertaking
to repay the said dues within three months. Based on the said
undertaking only, the plaintiff had given the said loan to the defendant,
whereas the defendant had violated his own undertaking which
apparently that amount to breach of trust and cheating and the
defendant had wrongfully usurped the plaintiff’s money. Therefore, the
plaintiff had caused a legal notice dated 25.08.2022 by calling upon the
defendant to pay the said sum of Rs. 2,00,000/- (Rupees Two Lakh
Only) being the amount due and payable by the defendant for the above
said loan together with interest @ 18% p.a. within 15 days from the date
of receipt of this said notice, the said notice was received by the
Defendant on 27.08.2022

6. The plaintiff submits the defendant has failed and neglected to make
payment in respect of the above said pending due despite receipt the
legal notice dated 25.08.2022 and the defendant has not come forward
to make any payment towards the said due to the plaintiff. Hence, the
suit is filed for recovery of money.
7. The plaintiff states that the suit is recovery of loan amount as the
defendant deed of Settle the loan amount and hence the suit is well
within the purview of the order VII of CPC. The plaintiff states that the
plaintiff is residing within the jurisdiction of this Hon’ble court and this suit
is also filed within the limitation period. The plaintiff undertakes to serve
summons on the defendants under this provision.
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8. The plaintiff states that since the defendant have not paid the said
amount and hence, the defendant are liable to pay a sum of Rs.
2,00,000/- (Rupees Two Lakh Only) along with 24% of interest. Hence
the plaintiff is entitled to recover the said interest of 24% for a sum of
Rs.56,000/- from the date 03.07.2021 to 14.09.2022 on Rs.2,00,000/-
making in all Rs.2,56,000/-, Which amount the defendant is liable to pay
to the plaintiff. Hence this Suit.
9. The Plaintiff has not filed any other suit for the same relief before any
court.
10. The Plaintiff does not seek any relief, Which does not fall within the
ambit of this Rule has been claimed in the Plaint.
11. The cause of action for the suit arose at Chennai within the
jurisdiction of this Hon’ble court, When, the Defendant had approached
the plaintiff and obtained loan a sum of Rs.20,000/- and also obtained
loan a sum of Rs.20,000/-, and also obtained another loan Rs.1,00,000/-
the Plaintiff further states that the defendant was unable to settle the
above said loan amount further defendant on 03.07.2021 had
undertaken through the deed of settle the loan amount in the presence
of the two witness, in the content of the said loan agreement, the
defendant agreed and undertaken in the presence of the One Mr.Dilli
Babu and Mr.Karthi, in failing which the defendant binding on the action
of Dilli Babu and Karthi, the Plaintiff sent legal notice through her
advocate dated 25.08.2022, which was received by the defendant on
27.08.2022, though the defendant neither replied nor repaid the said due
amount , Subsequently

12. The Plaintiff values the suit for the purpose of the court fee and
jurisdiction at Rs. 2,56,000/- (Rupees Two Lakhs and Fifty Six
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Thousand Only) and paid a court of Rs. 7680/- under section 22 of the
Tamil Nadu court fees and suits valuations Act, 1955.

Therefore the Plaintiff pray that this Hon’ble Court may be pleased

(a) to pass a judgment and decree against the defendant to pay to the
Plaintiff a sum of Rs. 2,56,000/- (Rupees Two Lakh and Fifty Six
Thousand Only) with further interest at the rate of 24% per annum on
Rs.2,00,000/- (Rupees Two Lakhs Only) from the date of Plaint till the
date of realization.

(b) Direct the Defendant to pay cost of the suit.

(c) Grant such other or further reliefs as this Hon’ble Court may deem fit
and proper in the case and thus render justice.

Dated at Chennai this the day of September, 2022

COUNSEL FOR PLAINTIFF PLAINTIFF

VERIFICATION
I, Ms. Thamilarasi D/o. Vetrivel, the plaintiff above named do
hereby verify that what is stated in the above paragraphs are true to the
best of my knowledge, belief and information.

Dated at Chennai this the day of September, 2022

PLAINTIFF
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LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(1) CPC

------------------------------------------------------------------------------------------------

S.No. Date Description of Document Remarks

1. 03.07.2021 Deed for Settle the loan Original
amount
2. 25.08.2022 Legal Notice with postal Original
Receipt
3. 27.08.2022 Acknowledgement card Original

Dated at Chennai this the day of September, 2022

COUNSEL FOR PLAINTIFF PLAINTIFF

LIST OF DOCUMENTS FILED ON UNDER ORDER VII RULE 14(ii)

CPC

Nil for the Present

Counsel for Plaintiff Plaintiff

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STATEMENT OF ADDRESS OF PARTIES FILED UNDER ORDER VI RULE 14(A)

CPC

Name and Address of Plaintiff : Ms. Thamilarasi

D/o. Vetrivel,
No.24, 6th Nethaji Street,
Lakshmipuram,
Thiruvanmiyur,
Chennai-600041

Address for service of the plaintiff:

Mr.TN.BUVANESWARAN,
Advocate,
Fathima Tower,
No.117/227, Triplicane High Road,
Triplicane, Chennai-600005.
MobileNo-9840333644,
buvaneswaran.tn@gmail.com .

Name and Address of Defendant

For service : R. Gangadharan
S/o. Rajagopal
No.2/7, Lal bagathur
Sastri Street,
Lakshmipuram,
Thiruvanmiyur,
Chennai-600041
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VERIFICATION
I, Ms. Thamilarasi D/o. Vetrivel, the plaintiff above named do hereby verify
that what is stated in the above statement of address of parties are true to the best of
my knowledge, belief and information.

Dated at Chennai this the day of September, 2022

PLAINTIFF

MEMO OF VALUTION

Principal amount due under the Deed for Settle

the loan amount Rs.2,00,000/-

Interest at rate of 24 % per annum

from 03.07.2021 to 14.09.2022 on Rs.2,00,000/- Rs. 56,000/-
……………………..

Total Rs. 2,56,000/-

……………………….

Court fee paid thereon Rs 7,680/-

Dated at Chennai this the day of September, 2022

Counsel for Plaintiff