High Court · 2025

1C.S.No.291 of 2024MASTER04.12.2025JUDGMENT 1. This summary suit has been filed under Order VII Rule 1 of Original Side Rules read with Order XXXVII Rule 1 of CPC to pass a judgment and decree directing the defendant to pay the Plaintiff a total sum of Rs.2,74,96,197/- (Rupees Two Crores Seventy Four Lakhs Ninety Six Thousand One Hundred and Ninety Seven only) together with interest at the rate of 15% per annum on the principles sum of Rs.1,66,68,522/- from the date of the Plaint till the date of realization and costs.2. After filing of the suit, summons were served on the sole defendant. But the defendant have not chosen to appear and file any application for obtaining leave to defend the suit. Hence the matter is listed for passing the decree. 3. Now the point to be decided is whether the plaintiff is entitled to a decree as prayed for?4. At this juncture, it is useful to point out the relevant provisions of the procedure laid in Madras High Court Original Side Rules to try summary suits.Order VII Rule 1 runs as underR.1. A suit to recover a debt or a liquidated demand in money, evidenced by a document, or any money payable by the defendant with or without interest, arising on a negotiable instrument or on a bond or a contract for payment of a liquidated amount of money evidenced by a document, or on a guarantee where the claim arises against the principal in the manner aforesaid, may, in case the plaintiff desires to proceed hereunder, be instituted by presenting a plaint in the form prescribed. https://www.mhc.tn.gov.in/judis 2For the purpose of this order “Liquidated demand” means a demand for the amount stated or so expressed that the ascertainment of the amount is a mere matter of calculation.Order VII Rule 5 runs as underR.5. In any case in which the plaint and summons are in the form prescribed in this order, the defendant shall not defend the suit unless he obtains leave to defend from the Master as hereinafter provided. In default of the defendant obtaining such leave, or if he fails to defend in pursuance of such leave, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for the sum claimed in the plaint, and in cases where interest is payable either by contract or statute, interest till the passing of the decree and further interest at six percent per annum from the date of the decree to the date of payment, and such sum for costs as may be prescribed.Order VII Rule 6 runs as underR.6. (1) An application for leave to defend the suit shall be made to the Master supported by such evidence by way of affidavit as the defendant desires to place before the Court.(2) Leave to defend may be given unconditionally or subject to such terms and directions as the Master thinks fit.(3) The Master shall, (a) if the defendant does not appear, on proof by affidavit of service of the summons on the defendant, or (b) if leave to defend is not granted, pass a decree for the amount claimed and costs.5. As per original side rules of Madras High Court, in any case which is tried summarily in which the plaint and summons are in the form prescribed in this order, the defendant shall not defend the suit unless he obtains leave to defend from the Master. In default of the defendant, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for the sum claimed in the plaint. https://www.mhc.tn.gov.in/judis

36. Further, if the defendant does not appear, on proof of affidavit of service on the defendant, the Master shall pass a decree for the amount claimed in the plaint with the cost. 7. To prove his contention the counsel for plaintiff in the course of his arguments has marked his Ex.P1 to Ex.P9. In the case in our hand, after receiving summons, the defendant did not appear and did not take any steps to file application for obtaining leave to defend the suit as per Madras High Court Original Side Rules. Since, the defendants did not appear and failed to file application for leave to defend, the averments in the plaint are deemed to be admitted and the plaintiff is entitled to Decree and Judgment as prayed for.8. In the result, this suit is decreed directing the defendant to pay the plaintiff a sum of Rs.2,74,96,197/- (Rupees Two Crores Seventy Four Lakhs Ninety Six Thousand One Hundred and Ninety Seven only) with future interest @ 15% per annum for the amount of Rs.1,66,68,522/- (Rupees One Crore Sixty Six Lakhs Sixty Eight Thousand Five Hundred and Twenty Two only) from the date of presentation of the plaint till the date of the decree and 6% per annum for the amount of Rs.1,66,68,522/- (Rupees One Crore Sixty Six Lakhs Sixty Eight Thousand Five Hundred and Twenty Two only) from the date of the decree till the date of realization and the costs of this suit as fixed by the taxing officer. https://www.mhc.tn.gov.in/judis 4 MASTERPetitioner side Witness: Nil.Petitioner side Exhibits:Ex.P1 (Series) are the copies of tax invoices of the plaintiff (Compared with the original). Ex.P2 (Series) are the copies of delivery chalans issued by the Plaintiff's Company (Compared with the original).Ex.P3 is the photocopy of the confirmation letter executed by the defendant dated 20.11.2021 (Compared with the original).Ex.P4 is the photocopy of the confirmation letter executed by the defendant dated 27.07.2023 (Compared with the original).Ex.P5 is the office copy of legal notice issued by plaintiff's counsel to defendant with postal receipt dated 12.08.2024.Ex.P6 is the photocopy of statement of accounts between the plaintiff and the defendant from 01.04.2016 to 31.03.2024.Ex.P7 is the web copy of acknowledgement card from the defendant (Postal Department Consignment Tracking).Ex.P8 is the office copy of GST Registration Certificate in the name of plaintiff.Ex.P9 is the office copy of Udyam Registration Certificate in the name of plaintiff.Respondent side Witness and Exhibits: Nil MASTER https://www.mhc.tn.gov.in/judis 5C.S.No.291 of 2024 JUDGMENT PRONOUNCEDMASTER