Madras High Court
K.Prasanna vs A.Rajasekar on 27 March, 2024
Author: G.Ilangovan
Bench: G.Ilangovan
TR.CMP(MD).Nos.18, 44 and 45 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2024
CORAM :
THE HON'BLE MR JUSTICE G.ILANGOVAN
TR.CMP(MD).Nos.18, 44 and 45 of 2024 and
CMP(MD).Nos.247, 500 and 502 of 2024
K.Prasanna ... Petitioner in
Tr.CMP(MD.No.18/2024
K.Vinothkumar ... Petitioner in
Tr.CMP(MD.No.44/2024
K.Karthick ... Petitioner in
Tr.CMP(MD.No.45/2024
Vs.
A.Rajasekar ... Respondent in
Tr.CMP(MD.No.18/2024
K.K.C. Prabhakarapandian ... Respondents in
Tr.CMP(MD.Nos.44 and 45 /2024
COMMON PRAYER:- Petitions filed under Section 24 C.P.C., to
withdraw O.S.Nos.205, 77 and 78 of 2023 on the file of the Subordinate
Court, Ambasamudram and transfer the same to the file of the Subordinate
Court, Thoothukudi or any other Court.
https://www.mhc.tn.gov.in/judis
1/6
TR.CMP(MD).Nos.18, 44 and 45 of 2024
For Petitioners in all cases : Mr.R.J.Karthick
For Respondent in all cases : Mr.V.Meenakshi Sundram
COMMON ORDER
These Transfer Civil Miscellaneous Petitions have been filed to withdraw the suits in O.S.Nos.205, 77 and 78 of 2023 on the file of the Subordinate Court, Ambasamudram and transfer the same to the file of the Subordinate Court, Thoothukudi or any other Court.
2. K.Prasanna, is the petitioner in Transfer CMP(MD).No.18 of 2024. He has stated that he is running a Saloon Shop in Ambasamudram Taluk, Kallidaikurichi Village. He availed a loan of Rs.7,00,000/- from one Murugandi and issued three promissory notes as security for the loan amount on 19.11.2020. Later, he repaid the amount with interest. But, the original promissory notes were not returned and he has demanded more amount. So, he lodged a complaint before the Kallidaikurichi Police Station, over which CSR.No.580 of 2022 was registered stating that the said Murugandi claiming exorbitant interest. Later, Murugandi filed O.S.No.205 of 2023 before the Subordinate Court, Ambasamudram through his Benami viz., K.K.C. Prabhakarapandian, who is the respondent in Tr.CMP(MD).Nos.44 and 45 of 2024 against his https://www.mhc.tn.gov.in/judis 2/6 TR.CMP(MD).Nos.18, 44 and 45 of 2024 brother Vinoth Kumar and K.Karthick who are the petitioners in Tr.CMP(MD).Nos.44 and 45 of 2024 respectively. The said Murugandi is a political influential person so no one is coming forward to appear on behalf them. So, all these Transfer CMPs have been filed to withdraw the suits in O.S.Nos.205, 77 and 78 of 2023 on the file of the Subordinate Court, Ambasamudram and transfer the same to the file of the Subordinate Court, Thoothukudi or any other Court.
3. Heard the learned counsel appearing on either side and perused the materials on records.
4. Since the common factual issues are involved all the matters are heard together and common order is passed.
5. It is stated by the learned counsel for the petitioners that the said Murugandi, who is behind all the three suits, making trouble to the petitioners and the Advocates are not coming forward to appear on their behalf. In such circumstances, the present Transfer CMPs are filed by the petitioners. The affidavit filed in support of these petitions are not stating that no Advocate is coming forward to defend the case. No doubt that https://www.mhc.tn.gov.in/judis 3/6 TR.CMP(MD).Nos.18, 44 and 45 of 2024 Prasanna lodged a complaint against Murugandi making allegations that he is claiming exorbitant interest.
6. Even the online status filed by the petitioners show that they appeared through Advocate and the suits were posted before the Lok Adalat, later, O.S.Nos.77 and 78 of 2023 are posted for evidence and the suit in O.S.No.205 of 2023 posted for trial. All these indicates that the petitioners are appeared before the trial Court, but, later on they remained ex parte. So, absolutely no ground is made out by the petitioners to transfer the O.S.Nos.205, 77 and 78 of 2023 from the file of the Subordinate Court, Ambasamudram to the file of the Subordinate Court, Thoothukudi or any other Court. Hence, this Court is not inclined to allow these petitions.
7. Accordingly, these Transfer Civil Miscellaneous Petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
27.03.2024 Internet : Yes / No Index : Yes / No trp https://www.mhc.tn.gov.in/judis 4/6 TR.CMP(MD).Nos.18, 44 and 45 of 2024 To
1. The Subordinate Court, Ambasamudram.
https://www.mhc.tn.gov.in/judis 5/6 TR.CMP(MD).Nos.18, 44 and 45 of 2024 G.ILANGOVAN,J.
trp TR.CMP(MD).Nos.18, 44 and 45 of 2024 and CMP(MD).Nos.247, 500 and 502 of 2024 27.03.2024 https://www.mhc.tn.gov.in/judis 6/6