IN THE COURT OF THE DISTRICT MUNSIF JUDGE, ALANDUR

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam
Residing at No.29,
Sempon Nagar 2nd Street,
Perugudi, Chennai 600096
...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,
Kamakkur, Palayam,
Thiruvanamalai - _________

...Defendant

MEMO OF VALUVATION

1.Nature of the suit : Suits for Money

2.Suit valued at : 3% on the claim amount of Rs.4,19,503/-.

3.Section& sub Section : Under Section 22 of T.N.C.F&S.V.Act.

4.Court Fee paid is : Rs.12,585.09/-

Dated at Alandur on ___th day of November, 2022

Counsel for plaintiff Plaintiff

 IN THE COURT OF THE DISTRICT MUNSIF JUDGE, ALANDUR

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam
Residing at No.29,
Sempon Nagar 2nd Street,
Perugudi, Chennai 600096
...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,
Kamakkur, Palayam,
Thiruvanamalai - _________

...Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF C.P.C

1) The Plaintiff above mentioned states as follows:-

The Plaintiff is Velmurugan Son of Venkatachalam, residing at No.29, 2 nd Street, Sempon

Nagar, Perugudi Medu, Perugudi, Chennai 600096.

The address for service of all processes summons and notices on the Plaintiff is that of his
counsel M/s.R.K.Law Associates, Ramesh K, and Karthik Eswaran J, Advocates, having
office at No.12/31, Ground Floor, Palandiamman Kovil Street, Adambakkam, Chennai
600088.

The Defendant is Mr.Senthil Kumar Son of Perumal, Residing at No.165, Vinayagar Kovil
Street, Kamakkur, Palayam, Thiruvanamalai - _________.

The Address for service of all notices and processes on the defendant is the same as above.
The Defendant may be served through the district court of Thiruvanamalai.

2) The Plaintiff submits that the Plaintiff purchased a car named ‘TATA INDICA’ under a
loan of Rs.4,90,000/-, and the loan amount is sanctioned on 15.10.2016 to the Plaintiff
subject to the terms and conditions as envisaged under the Arrangement letter. The
Plaintiff executed a Loan-cum-hypothecation agreement dated 15.10.2016. The loan
account number of the Plaintiff is 61333199922. Plaintiff had guaranteed for the due
repayment of aforesaid loan amount by executing the necessary security documents at the
bank. The Plaintiff agreed to repay the loan amount together with interest in 83 equated
 monthly installments of Rs.8868 each (EMI) from December 2016 and further agreed to
pay interest in the change of rates (in floating rate loans) and any other debits raised in the
account like insurance charges, fees etc., The Plaintiff had hypothecated the TATA
INDICA Car registration No. TN 22 DE 2272 as Security to the State Bank of Bikaner &
Jaipur, Kandanchavadi Branch, and now it got merged with State Bank of India.

3) The Plaintiff state that the Plaintiff originally agreed to pay the bank the interest at the
minimum rate of 12.05% Per annum as per the loan documents as executed on 15.10.2016
and as per the loan cum hypothecation agreement executed on 15.10.2016, the interest
prevailing at that time was 12.05% Per annum and presently the rate of interest is 17.15%
per annum. The Bank has not debited the interest during Non-Performing Asset period in
view of the directions of the RBI, regarding income recognition and assets classifications
of loan accounts, under which if an account is running irregularly for more than six-
months. The present rate of interest payable by the Plaintiff is 17.15% Per annum to the
bank on the outstanding amount. As per the statement of accounts of the bank, interest has
been charged upto 01.08.2019.

4) The Plaintiff further state that the Plaintiff executed a Sale agreement at Perugudi on
November 12, 2018 with the defendant for the said ‘TATA INDICA’ car with the
consideration of paying the monthly EMI dues of Rs.13,000/- (Rupees Thirteen Thousand
Only) directly to the car loan account, and to which defendant agreed and accepted. The
said sale agreement on the agreed basis commences from 12.11.2018.

5) The Plaintiff states that in the sale agreement it is specifically mentioned by the defendant
that if any problem arises to the plaintiff in respect of the EMI payment of the loan, and
the Vehicle shall be completely taken care by the defendant from the date of 12.11.2018,
and also the defendant agrees to indemnify the plaintiff against any losses and/are
liabilities arises in respect of the payment of the loan amount and Vehicle, but the
defendant breached the agreement, and failed to perform his duties, responsibilities, and
obligations promised under the sale agreement.

6) The Plaintiff states that at many times the plaintiff requested the defendant to settle the
loan amount which is payable to the bank but the defendant never given the ears to the
plaintiff, and also the defendant has completely lethargic about payment of consideration
as mentioned in the sale agreement.

7) The Plaintiff states that due to the continuous non-payment of EMI, the hypothecated car
has been seized and sold in e-auction by the bank on 30.05.2019 for the sale price of
Rs.67,000/-, and the amount has been adjusted in the loan amount by the bank.

8) The Plaintiff further states that the bank also filed a suit in the Hon’ble City Civil Court of
Chennai, and it is numbered as O.S.No.6879 of 2019, and the case has been posted for
settlement between the parties on 27.10.2022 but the bank does not came forward for the
settlement the therefore the suit has been posted for trial on 28.11.2022 under special list.
 9) The Plaintiff submit that there is no similar case pending against the defendant for the
same cause of action mentioned above, in this court or any other court.

10) The Plaintiff state that this Hon'ble Court is competent to try the present Suit as the
plaintiff is residing within the jurisdiction of this Hon’ble Court, and also the sale
agreement executed within the jurisdiction of this Hon’ble Court.

11) The cause of action for this suit arose at Perugudi Village, ___________ Taluk,
_____________ Firka, and Kancheepuram District, while entering a sale agreement with
the defendant on 12.11.2018, on 03.06.2019 when the vehicle was sold under e-auction,
and lastly on 27.10.2022 when the bank and the defendant does not came forward for the
settlement.

12) The Plaintiff value the suit for the purpose of court fees and jurisdiction as detailed below:

The Plaintiff value relief prayed in Paragraph 20(a) Rs._________/- at 3% and pay the
court fee of Rs._______/- under section 22 of the Tamil Nadu Court Fee and Suits
Valuation Act.

13) The Plaintiff rely on the list of documents and which are filed along with the Plaint.

14) The Plaintiff may be permitted by this Hon’ble to file to the rejoinder and additional
receiving documents petition if so required during and at the time of proceedings of this
suit, as because the entire suit depends on the documents, and moreover the suit is kind of
indemnifying nature, and therefore in such circumstance, the court may please to
consider.

15) The Plaintiff, In the facts and circumstances of case mentioned herein above this Hon’ble
Court may graciously be pleased to:

PRAYER

a) Pass a decree against the Defendant to pay the sum of Rs.4,19,503/- being an amount
due together with future interest at the rate of 19.15% per annum;
b) Indemnify the Plaintiff against the losses and liabilities arising to the Plaintiff in-
respect of the suit filed by the bank;
c) The cost of suit; and
d) Pass such other or further orders as this Hon’ble Court may deem fit in the facts and
the circumstances of the case.

Dated at Alandur on this day of __th November, 2022.

Plaintiff
Through
 Counsel for Plaintiff

VERIFICATION

I, Velmurugan Son of Venkatachalam, residing at No.29, 2nd Street, Sempon Nagar, Perugudi
Medu, Perugudi, Chennai 600096 do hereby verify that the contents of the para 1 to 14 of the
Plaint are true and correct to my knowledge and as derived from the records of the case, no part of
it is false and nothing material has been concealed there from.

Verified at Alandur on this day of __th November, 2022.

Plaintiff

LIST OF DOCUMENTS

S.NO. Date PARTICULARS Remarks

1 Plaint in O.S.6879 of 2019 Original

2 Loan cum hypothecation Agreement executed with Certified Copy
Bank
3 Certificate of sale Certified Copy
4 Sale agreement executed with defendant Original

Dated at Alandur on __th day of November 2022

Counsel for Plaintiff Plaintiff

List of Documents filed under Order VII Rule 12(2) CPC

NIL at Present

Counsel for Plaintiff Plaintiff

Verification

I, Velmurugan Son of Venkatachalam, residing at No.29, 2nd Street, Sempon Nagar, Perugudi
Medu, Perugudi, Chennai 600096 the plaintiff above named do hereby declare that what is stated
above are true to the best of knowledge and belief.
Counsel for Plaintiff Plaintiff

MEMO OF VALUATION

S.No Prayer Court Fee Paid (Rs)

1 Suit for Money under section 22 of the Tamil Nadu Court Rs.___________/-
Fee and suits Valuation Act Valued at 3% on the claim
amount of Rs.________/-.
Total Court Fees Paid Rs.___________/-

Verification

I, Velmurugan Son of Venkatachalam, residing at No.29, 2 nd Street, Sempon Nagar, Perugudi

Medu, Perugudi, Chennai 600096 the Plaintiff above named do hereby declare that what is stated
above are true to the best of knowledge and belief.

Counsel for Plaintiff Plaintiff

STATEMENT UNDER ORDER VI RULE 14A OF THE CPC

1. Name of the Plaintiff Mr.Velmurugan

Address of the Plaintiff
Address for service
2. Name of the Defendant
Address of the Defendant
Son of Venkatachalam
Residing at No.29,
Sempon Nagar 2nd Street,
Perugudi, Chennai 600096
Mr.Velmurugan
Son of Venkatachalam
Residing at No.29,
Sempon Nagar 2nd Street,
Perugudi, Chennai 600096
M/s.R.K.Law Associates,
No.12/31, Ground Floor, Palandiamman Kovil Street,
Adambakkam, Chennai 600088
Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,
Kamakkur, Palayam,
Thiruvanamalai - _________
Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,

Address for Service
Kamakkur, Palayam,
Thiruvanamalai - _________
Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,
Kamakkur, Palayam,
Thiruvanamalai - _________

Dated at Alandur on the ____th day of November 2022.

Counsel for Plaintiff Plaintiff

Verification

I, Velmurugan Son of Venkatachalam, residing at No.29, 2 nd Street, Sempon Nagar, Perugudi

Medu, Perugudi, Chennai 600096 the Plaintiff above named do hereby declare that what is stated
above are true to the best of knowledge and belief.

Dated at Chennai on the __th day of November 2022.

Counsel for Plaintiff Plaintiff

 IN THE COURT OF THE DISTRICT MUNSIF JUDGE, ALANDUR

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam
Residing at No.29,
Sempon Nagar 2nd Street,
Perugudi, Chennai 600096
...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal
No.165, Vinayagar Kovil Street,
Kamakkur, Palayam,
Thiruvanamalai - _________

...Defendant
Affidavit

I, Venkataratnam V, Authorized Signatory of the M/s. Opus Fashion Private Limited having
registered office at No.523/18, 3rd Avenue, Anna Nagar Main Road, NSK Nagar, Chennai
600106, do hereby solemnly affirm and sincerely state as follows:-

1. That I am the Plaintiff in the aforesaid case and being so I am well conversant with the facts
and circumstances of the case and also competent to swear the present affidavit.
2. That the contents of accompanying plaint has been drafted by counsel under my instructions
and the facts stated therein are true and correct to the best of my knowledge and believed to
be true and nothing material has been concealed therefrom.
3. That the contents of the accompanying plaint may kindly be read as part of the present affi-
davit and the same are not being repeated herein for the sake of brevity.

DEPONENT
VERIFICATION

Verified at Alandur on this __th day of November 2022 that the contents of my above affidavit are
true and correct to my knowledge, no part of it is false and nothing material has been concealed
therefrom.

DEPONENT
 IN THE COURT OF THE
DISTRICT MUNSIF, CHENNAI

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam

...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal

...Defendant

PLAINT FILED UNDER ORDER

VII RULE 1 OF C.P.C

M/s.R.K.Law Associates
Ramesh K (1801/2016), and
Karthik Eswaran J (4024/2018),
Advocates
Office at No.12/31, Ground Floor,
Palandiamman Kovil Street,
Adambakkam,
 Chennai 600088
+91 90033 08644
IN THE COURT OF THE
DISTRICT MUNSIF, CHENNAI

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam

...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal

...Defendant

Affidavit

M/s.R.K.Law Associates
Ramesh K (1801/2016), and
Karthik Eswaran J (4024/2018),
Advocates
Office at No.12/31, Ground Floor,
Palandiamman Kovil Street,
Adambakkam,
Chennai 600088
+91 90033 08644
 IN THE COURT OF THE
DISTRICT MUNSIF, CHENNAI

O.S. No. OF 2022

Mr.Velmurugan
Son of Venkatachalam

...Plaintiff

VERSUS

Mr.Senthil Kumar
Son of Perumal

...Defendant

Document

M/s.R.K.Law Associates
Ramesh K (1801/2016), and
Karthik Eswaran J (4024/2018),
Advocates
Office at No.12/31, Ground Floor,
Palandiamman Kovil Street,
Adambakkam,
Chennai 600088
+91 90033 08644