IN THE COURT OF THE 1st ADDL.

SUB JUDGE OF COIMBATORE

O.S. No. 159/2019

M/s. Corporation Bank,

R.S. Puram Branch,
Coimbatore-2 ----- Plaintiff

V/s.

1. Mrs. Jayasheela

2. Mr. L. Pramesh ----- Defendants

WRITTEN STATEMENT FILED BY THE 2nd DEFENDANT UNDER ORDER VIII

RULE 1 OF CPC

(1st Defendant Adopt the Written Statement filed by the 2 nd Defendant)

1. The Suit is false, frivolous and unsustainable, both in law and on the facts of the
case.

2. The 2nd Defendant further submits that except as to matters, which are
specifically, admitted herein by him all other averments in the suit filed by the
Plaintiff are false, frivolous and not maintainable both in law and on the facts of
the case and the Plaintiff is put to strict proof of the same.

3. The defendants further submits that the 1 st defendant is the wife of the 2 nd
defendant.

4. The 2nd Defendant further submits that at its true that 1st Defendant had availed
Loan from the Defendant Bank and 2 nd Defendant stood as Guarantor and
accordingly they executed necessary Documents in favour of the Plaintiff Bank.

5. The 2nd Defendant further submits that the present suit filed by the Plaintiff is
technically barred by limitation and the same should be dismissed. The 2 nd
Defendant further submits that the Plaintiff for the purpose of filing the present
suit has created some documents and few entries were made in signed blank
documents and had created a limitation to suit their convenience for the purpose
of filing the suit.
 -2-

6. The 2nd Defendant further submits that that they were regularly repaying the loan

amount without default but unfortunately due to Demonetization and there after

the severe financial crisis arose the loan repayment was defaulted and they took

their best effort to regularize the loan account. The 2 nd defendant further states

that since the loan availed was for Small Sector purpose, and due to economic

crisis all the country, the RBI had also advised all the Financial Institutions as not

to initiate any proceedings in haste and give sufficient opportunity for the

aggrieved persons to spell out their concerns they were with the hope that the

defendant Bankers will not initiate any action.

7. The 2nd Defendant further submits that in this regard they had several times met

the officials of the defendant bankers and they informed their responsibility and

their hard working effort taken towards the repayment of loan in all such

occasions they promised that they won’t initiate any proceedings but

unfortunately the defendant Bankers had now proceeded against them.

8. The Plaintiff had charged the higher interest rate which is against the guidelines

of Reserve Bank of India and the claim amount and interest rate are excessive

and abnormal.

9. The classification of loan account as NPA is incorrect and not accordance with

law. The Plaintiff had failed to consider the guidelines issued by Reserve Bank of

India for reschedule the loan accounts.

10. The 2nd Defendant further submits that apart the above reasoning’s the suit filed

on behalf of the Plaintiff itself is not maintainable as the suit is undervalued and

no cause of action arose and the plaint document did not support the averment in

the plaint to file the main suit and the same had been filed intentionally to harass

the defendants. The 2nd Defendant further submits that the pleading of the plaint

is self narrated and moreover the Plaintiff had suppressed all these facts before

this Hon’ble Court and filed the above suit with evasive pleading with concealing

the facts.
 -3-

11. The 2nd Defendant Reserves his right to file additional grounds of written
statement according to the situation arises.

Therefore it is most humbly prayed that this Hon’ble Court may be pleased to
dismiss the suit filed by the Plaintiff by imposing exemplary cost and pass any other
necessary orders and thus render Justice.

2nd Defendant Counsel for the 2 nd Defendant

VERIFICATION

I the above named Defendant do hereby declare that the facts stated above are
true and correct to the best of my knowledge and belief and I signed this verification at
Coimbatore on .10.2020.

2nd Defendant

1st Defendant Adopts the Written Statement filed by the 2 nd Defendant

Counsel for the 2nd Defendant

 IN THE COURT OF THE 1st
ADDL.SUB JUDGE OF
COIMBATORE

O.S. No. 159/2019

M/s. Corporation Bank,

R.S. Puram Branch,
Coimbatore
----- Plaintiff

V/s.

1. Mrs. Jayasheela

2. Mr. L. Pramesh
----- Defendants

WRITTEN STATEMENT FILED

BY THE 2nd DEFENDANT
UNDER ORDER VIII RULE 1 OF
CPC

( 1st Defendant Adopt the

Written Statement file by the
2nd Defendant)

Pre.On:-

Address for service:-

C.D. FRANCIS, M.A., B.L.,

(Enl. No: 48/2000),
R. BALAJI, B.A., B.L.,
N.GAYATHRI B.A., B.L.,
Advocates,
Coimbatore-18.
Mobile: 98422-72681
 IN THE COURT OF THE 1st ADDL.SUB JUDGE OF COIMBATORE

I.A.No. /2020

O.S. No. 159/2019

1. Mrs. Jayasheela
2. Mr. L. Pramesh ---Petitioners/Defendants

--Vs--

M/s. Corporation Bank,

R.S. Puram Branch,
Coimbatore-2 ---- Respondent/Plaintiff

PETIION FILED UNDER ORDER VII RULE 7 OF CPC R/W 151 OF CPC

1. PETITIONERS/1st and 2nd DEFENDANTS:

1. Mrs. Jayasheela, W/o. L. Paramesh, aged about 43 years, residing at

No.81/25, Flat No.3, 3rd Floor, A Block, Trident Serenity Apartment,
Nanjundapuram, Coimbatore-36.

2. Mr. L. Paramesh, S/o. D.S. Lingan, aged about 49 years, residing at

No.81/25, Flat No.3, 3rd Floor, A Block, Trident Serenity Apartment,
Nanjundapuram, Coimbatore-36.

The Address for service for all the notices and processes is the same as
above and care of his Counsels C.D. FRANCIS, M.A.,B.L., R. BALAJI, B.A., B.L.,
N. GAYATHRI, B.A., B.L., Advocates, Coimbatore-18.

2. RESPONDENT/PLAINTIFF:

M/s. Corporation Bank a body corporate constituted under the Banking

companies (Acquisition and Transfer of Undertaking) Act 1970 carrying on the
business of banking with its Head Office at Mangalore and having its Branch
Office at R.S. Puram, Coimbatore-641002.

The address for service of the Respondent is the same as above.

For the reasons stated in the accompanying affidavit the Petitioners most
humbly prays that this Hon’ble Court may be pleased to set aside the Exparte order
passed in the above Suit on 29.01.2020 and pass other necessary orders and thus
render justice.

Advocate for Petitioners/1st and 2nd Defendant

IN THE COURT OF THE 1st ADDL.SUB
JUDGE OF COIMBATORE

I.A. No. /2020

In

O.S. No. 159/2019

1. Mrs. Jayasheela
2. Mr. L. Pramesh
---Petitioners/Defendants

--Vs--

M/s. Corporation Bank,

R.S. Puram Branch,
Coimbatore
---- Respondent/Plaintiff

PETITION FILED UNDER ORDER

IX RULE 7 R/W SECTION 151 OF
C.P.C

Pre.On:

Address for service:-

C.D. FRANCIS, M.A., B.L.,

(Enl. No: 48/2000),
R. BALAJI, B.A., B.L.,
N.GAYATHRI B.A., B.L.,
Advocates,
Coimbatore-18.
Mobile: 98422-72681
 IN THE COURT OF THE 1st ADDL.SUB JUDGE OF COIMBATORE

I.A. No. /2020

O.S. No. 159/2019

1. Mrs. Jayasheela

2. Mr. L. Pramesh ---Petitioners/Defendants

--Vs--

M/s. Corporation Bank,

R.S. Puram Branch,
Coimbatore. ---- Respondent/Plaintiff

AFFIDAVIT

Mr. L. Paramesh, S/o. D.S. Lingan, aged about 49 years, residing at

No.81/25, Flat No.3, 3rd Floor, A Block, Trident Serenity Apartment, Nanjundapuram,
Coimbatore-36 do hereby solemnly affirm and sincerely state as follows:

1. I am the deponent and 2 nd Defendant in the above main suit and I Swore this
affidavit on behalf of 1st Defendant is my Wife.
2. I further submit that the Respondent/Plaintiff had filed the above suit for
Recovery of Money.
3. I further submit that the case was posted on 29.01.2020 but unfortunately due to
my ill-health condition I was not able to file my Written Statement in time and
hence I was set Exparte on 29.01.2020.
4. I further submit that as written Statement was not filed on the said date was not
intentional
5. Hence in the interest of the justice the exparte order passed against us be kindly
be set aside. Written Statement is filed along with Petition.

It is therefore most humbly prayed before this Hon’ble Court to set aside the Ex-
parte order passed in the above Suit on 29.01.2020 and pass other necessary
orders and thus render justice.

DEPONENT

Solemnly affirmed and signed

Before me at Coimbatore on 13.10.2020

Advocate, Coimbatore