IN THE COURT OF ASSISTANT CITY CIVIL JUDGE

AT CHENNAI
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,
No.F4, Salims Regal Square,
Periyar Street,
Saligramam,
Chennai – 600 093.
….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,
Office at No.171, 1st Floor, 6th Street,
Kumaran Colony,
Vadapalani,
Chennai – 600 026.
….Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC

1. The Plaintiff is Mr.C.Senthil, S/o.Chidambaram, aged about 35

years, residing at No.F4, Salims Regal Square, Periyar Street,
Saligramam, Chennai – 600 093.

The address for the service of all notices and summons is that of
his counsels M/s.D.YOGESWARAN (E.No.2105/2009) Mr.P.KANNAN
(E.No.466/2009) and Mr.C.MUTHUKUMAR (E.No.67/2020) having
their office at No.20/33, Victory Group of Institutions Building, 1stFloor,
Ramakrishnapuram 3rd Street, West mambalam, Chennai - 600 033,
Cell : 9962186380, email:[email protected].
2. The Defendant is M/s.Muthoot Finance, Rep. by its Authorized
signatory, having their office at No.171, 1st Floor, 6th Street, Kumaran
Colony, Vadapalani, Chennai – 600 026.

The address for service of summons, notices, process on the

above named Defendant is that of the same as stated above.

3. The plaintiff submits that he was approached by defendant’s

representatives and on their persuasions, he had availed the loans
from the defendant on personal loan category by signing and
executing all the documents and papers given by them without
informing anything about the interest rates and other termed and
conditions. The defendant executives got signatures in the stereo type
Loan application without explaining anything.

4. The Plaintiff submits that he has availed the loan on the basis of
the repayments by Equal monthly installments. The plaintiff further
submits that defendant gave the first loan amount few years back and
he paid the same and the Plaintiff repaid more than two times of actual
loan amount without any default and the defendant bank has given
Top up Loans to the Plaintiff.

5. The Plaintiff further submits that he got the Third and current top
up loan from the defendant on the insistent of the defendant he availed
the loan amount of Rs.10,30,063/- but the Plaintiff received lesser
amount only as an adjusted amount after fulfilling the previous loan.
The Plaintiff had signed the loan agreement and stereo type of other
relevant papers and the loan was sanctioned to the plaintiff through his
bank account by the defendant having Loan Account No.
PLCHE002587.

6. The Plaintiff submits that the EMI of above said loan is

Rs.23968/- per month for 60 months which is totaling about
Rs.14,38,055/-, the Plaintiff was paying the EMI amount regularly
without any default so far and he has paid 22 Installments till this
month. Even in the Pandamic Corona period also the Plaintiff has not
made any default in making the EMI amount and he has not opted the
Moratorium option given by the defendant company.

7. The Plaintiff further submits that he subsequently became

jobless and he was looking for a job. So he has lot of commitment in
the family also that there are medical expenses and without any job
and salary he has to manage the family members with his savings
only. So the Plaintiff asked the defendant customer care executives
that change of EMI installment amount would be helpful to him to
make the EMI amount regularly but the request of the Plaintiff was not
accepted by the defendant. So he could not pay the last month EMI
amount on time and the defendant‘s executives called him and asked
him to make the payment immediately.

8. The plaintiff further submit that this plaintiff has approached in

person to the defendant bank which was not responding and further
they have sent on 31.07.2024 some of the rowdy elements to the
house of this plaintiff’s, for collecting the default amount and
threatened that they will remove the house movables and properties
and that attempt was successfully thwarted by the plaintiff but while
going they have threatened that they will come by next week.

9. The Plaintiff submits that he is a law abiding citizen and the

transaction of between the Plaintiff and defendant have not defaulted
in making the payment until last month, even though the defendant
has imposed exorbitant interest rates, this being the position that only
one month EMI amount pending by the Plaintiff, the defendant has
high handedly sent this people for threatening which is against the
order of the Apex court. The plaintiff submits that he has also taken
steps to stop the payments through their banks from clearing the
E.M.I. by E.C.S.

10. The plaintiff further submits that having no other option except to
move before this court of law he is approaching this Hon’ble court by
the way of filing this suit for granting Declaration declaring the cheques
shame and nominal and not binding to the plaintiff and permanent
injunction restraining the defendant their men, agents, subordinates or
anybody under them in any manner from interfering or entering or
disturbing the Plaintiff peaceful possession of the suit schedule
property under the guise of collecting money without due process of
law.
11. The Plaintiff submits that the balance of conveniences is in
favour of the Plaintiff and prima-facie he has got the good case and
further the defendant got no right to whatsoever take law in his hands
and if he has been allowed to carry on with this threat serious
prejudice and irreparable loss will be caused to this plaintiff whereas
no prejudice or loss will be caused to the defendant if he is restrained
by the order of this Hon’ble court.

12. The cause of action of this suit arouse at Chennai within the
jurisdiction of this Hon’ble court where the Plaintiff is residing, on
30.08.2022 when the Loan was taken by the Plaintiff, on 31.07.2024,
and threatened to remove the Plaintiff’s house movables and
properties from house and on all subsequent days.

13. The plaintiff values the suit for the purpose of court fee and
jurisdiction as follows:
For Permanent Injection is valued at Rs.1000/- and pays court
fee Rs.30/- under section 27 (c) of the Tamil Nadu Court fees and suits
valuation Act -1955.

Hence it is therefore prays for a Judgment and decree against

the Defendant for:-

a) Permanent injunction restraining and restricting the illegal

activities of the defendant or their men and agents or unlawful
elements in any manner less fellows or any one acting on their behalf
from interfering or entering or disturbing the Plaintiff peaceful
possession and enjoyment of the residence of the suit schedule
hereunder in which the Plaintiff residing in any manner initiating action
against the Plaintiff under the guise of collecting the money in respect
of Personal Loan Account No.PLCHE002587 without due process of
law.

b) Cost of the suit

c) Pass such further or other orders as this Hon’ble Court may

deem fit and proper to pass and thus render justice.

Dated at Chennai on this 2nd day of August 2024

Counsel for plaintiff Plaintiff

VERIFICATION

I, Mr.C.Senthil, S/o.Chidambaram, aged about 35 years,

residing at No.F4, Salims Regal Square, Periyar Street, Saligramam,
Chennai – 600 093, plaintiff herein do hereby declare and verify that
what are stated in Paragraphs 1 to 13 are true and correct to the best
of my knowledge and belief.

Verified at Chennai on this 2nd day of August 2024

Counsel for plaintiff Plaintiff

 SCHEDULE OF PROPERTY

No.F4, Salims Regal Square, Periyar Street, Saligramam,

Chennai – 600 093.

VERIFICATION

I, Mr.C.Senthil, S/o.Chidambaram, aged about 35 years,

residing at No.F4, Salims Regal Square, Periyar Street, Saligramam,
Chennai – 600 093, plaintiff herein do hereby declare and verify that
what is stated in the schedule of property is true and correct to the
best of my knowledge and belief.

Verified at Chennai on this 2nd day of August 2024

Counsel for plaintiff Plaintiff

LIST OF DOCUMENTS FILE UNDER ORDER VII

RULE 14 (1) OF C.P.C

1. Pan Card of the Plaintiff – Xerox

2. Release Letter of the Plaintiff dated 19.04.2024 – Xerox

3. Repayment schedule issued by the Defendant – Xerox

4. Bank statement of the Plaintiff - Xerox

Dated at Chennai on this 2nd day of August 2024

Counsel for Plaintiff

 LIST OF DOCUMENTS FILE UNDER ORDER VII
RULE 14 (2) OF C.P.C
NIL AT PRESENT

Dated at Chennai on this 2nd day of August 2024

Counsel for Plaintiff

STATEMENT OF ADDRESS FILED UNDER ORDER VI
RULE 14 (A) OF C.P.C.
Address of the Plaintiff : Mr.C.Senthil,
S/o.Chidambaram,
No.F4, Salims Regal Square,
Periyar Street,
Saligramam,
Chennai – 600 093.
Advocates Address : M/S.D.YOGESWARAN
(E.No.2105/2009)
P.KANNAN (E.No.466/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Counsel for the Petitioners/Applicants
“D&D ASSOCIATES” No.20/33,
1st Floor, Ramakrishnapuram 3rd Street,
West Mambalam, Chennai - 600 033,
Cell :9962186380
Email:[email protected]
Address of the Defendant : M/s.Muthoot Finance,
Rep. by its Authorized signatory,
Office at No.171, 1st Floor, 6th
Street,
Kumaran Colony,
Vadapalani,
Chennai – 600 026.

Dated at Chennai on this 2nd day of August 2024

Counsel for Plaintiff

 VERIFICATION

I, Mr.C.Senthil, S/o.Chidambaram, aged about 35 years,

residing at No.F4, Salims Regal Square, Periyar Street, Saligramam,
Chennai – 600 093, plaintiff herein do hereby declare and verify that
what are all stated in list of documents and Statement of Address are
true and correct to the best of my knowledge and belief.

Verified at Chennai on this 2nd day of August 2024.

Plaintiff

MEMO OF VALUATION

The plaintiff values the suit for the purpose of court fee and
jurisdiction as follows:
For Permanent Injection is valued at Rs.1000/- and pays court
fee Rs.30/- under section 27 (c) of the Tamil Nadu Court fees and suits
valuation Act -1955.

Dated at Chennai on this 2nd day of August 2024

Counsel for Plaintiff

 IN THE COURT OF ASSISTANT CITY
CIVIL JUDGE AT CHENNAI
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,

….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,

….Defendant

PLAINT FILED UNDER ORDER VII RULE 1

OF CPC

M/S.D.YOGESWARAN
(E.No.2105/2009)
P.KANNAN (E.No.466/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Counsel for the Petitioners/Applicants
“D&D ASSOCIATES” No.20/33, 1st Floor,
Ramakrishnapuram 3rd Street, West Mambalam,
Chennai - 600 033, Cell :9962186380
Email:[email protected]
 IN THE COURT OF ASSISTANT CITY CIVIL JUDGE
AT CHENNAI
I.A. No. of 2024
In
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,
No.F4, Salims Regal Square,
Periyar Street,
Saligramam,
Chennai – 600 093.
….Petitioner/Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,
Office at No.171, 1st Floor, 6th Street,
Kumaran Colony,
Vadapalani,
Chennai – 600 026.
….Respondent/Defendant

AFFIDAVIT OF MR.C.SENTHIL

I, Mr.C.Senthil, S/o.Chidambaram, aged about 35 years,

residing at No.F4, Salims Regal Square, Periyar Street, Saligramam,
Chennai – 600 093, do hereby solemnly affirm and sincerely state as
follows:

1. I am the Petitioner/Plaintiff in this matter and as such well aware

and acquainted with the facts and circumstances of the case.

2. I crave to treat that this Hon'ble court may be pleased to treat the
Plaint as part of this Affidavit.
3. I further submits that he was approached by defendant’s
representatives and on their persuasions, he had availed the loans
from the defendant on personal loan category by signing and
executing all the documents and papers given by them without
informing anything about the interest rates and other termed and
conditions. The defendant executives got signatures in the stereo type
Loan application without explaining anything.

4. I further submits that he has availed the loan on the basis of the
repayments by Equal monthly installments. The plaintiff further submits
that defendant gave the first loan amount few years back and he paid
the same and the Plaintiff repaid more than two times of actual loan
amount without any default and the defendant bank has given Top up
Loans to the Plaintiff.

5. I further submits that he got the Third and current top up loan
from the defendant on the insistent of the defendant he availed the
loan amount of Rs.10,30,063/- but the Plaintiff received lesser amount
only as an adjusted amount after fulfilling the previous loan. The
Plaintiff had signed the loan agreement and stereo type of other
relevant papers and the loan was sanctioned to the plaintiff through his
bank account by the defendant having Loan Account No.
PLCHE002587.

6. I further submits that the EMI of above said loan is Rs.23968/-

per month for 60 months which is totaling about Rs.14,38,055/-, the
Plaintiff was paying the EMI amount regularly without any default so
far and he has paid 22 Installments till this month. Even in the
Pandamic Corona period also the Plaintiff has not made any default in
making the EMI amount and he has not opted the Moratorium option
given by the defendant company.

7. I further submits that he subsequently became jobless and he

was looking for a job. So he has lot of commitment in the family also
that there are medical expenses and without any job and salary he has
to manage the family members with his savings only. So the Plaintiff
asked the defendant customer care executives that change of EMI
installment amount would be helpful to him to make the EMI amount
regularly but the request of the Plaintiff was not accepted by the
defendant. So he could not pay the last month EMI amount on time
and the defendant‘s executives called him and asked him to make the
payment immediately.

8. I further submits that this plaintiff has approached in person to

the defendant bank which was not responding and further they have
sent on 31.07.2024 some of the rowdy elements to the house of this
plaintiff’s, for collecting the default amount and threatened that they
will remove the house movables and properties and that attempt was
successfully thwarted by the plaintiff but while going they have
threatened that they will come by next week.

9. I further submits that he is a law abiding citizen and the

transaction of between the Plaintiff and defendant have not defaulted
in making the payment until last month, even though the defendant
has imposed exorbitant interest rates, this being the position that only
one month EMI amount pending by the Plaintiff, the defendant has
high handedly sent this people for threatening which is against the
order of the Apex court. The plaintiff submits that he has also taken
steps to stop the payments through their banks from clearing the
E.M.I. by E.C.S.

10. I further submits that having no other option except to move

before this court of law he is approaching this Hon’ble court by the way
of filing this suit for granting Declaration declaring the cheques shame
and nominal and not binding to the plaintiff and permanent injunction
restraining the defendant their men, agents, subordinates or anybody
under them in any manner from interfering or entering or disturbing the
Plaintiff peaceful possession of the suit schedule property under the
guise of collecting money without due process of law.

11. I further submits that the balance of conveniences is in favour of

the Plaintiff and prima-facie he has got the good case and further the
defendant got no right to whatsoever take law in his hands and if he
has been allowed to carry on with this threat serious prejudice and
irreparable loss will be caused to this plaintiff whereas no prejudice or
loss will be caused to the defendant if he is restrained by the order of
this Hon’ble court.
12. I further submits that having no other option except to move
before this court of law and I am approaching this Hon’ble court by the
way of filing this suit for granting Declaration declaring the cheques
shame and nominal and permanent injunction restraining the
respondent their men, agents, subordinates or anybody under them in
any manner from interfering or entering or disturbing me peaceful
possession of the suit schedule property under the guise of collecting
money without due process of law.

13. I submit that the balance of conveniences is in favour of me and

prima-facie I have got the good case and further the respondent got no
right to whatsoever take law in his hands and if he has been allowed to
carry on with this threat serious prejudice and irreparable loss will be
caused to petitioner whereas no prejudice or loss will be caused to the
respondent if he is restrained by the order of this Hon’ble court.

Hence it is prayed that this Hon'ble court may be pleased to pass

an Order for interim injunction restraining the Respondent/defendant
their men, agents, subordinates or anybody under them in any manner
from interfering or entering or disturbing my peaceful possession of the
suit schedule property under the guise of collecting money without due
process of law and thus render justice.

Before me
Solemnly affirmed at Chennai }
On this 2nd day of August 2024 }
And signed his name in my }
Presence }
Advocate: Chennai
 IN THE COURT OF ASSISTANT CITY CIVIL JUDGE
AT CHENNAI
I.A. No. of 2024
In
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,
No.F4, Salims Regal Square,
Periyar Street,
Saligramam,
Chennai – 600 093.
….Petitioner/Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,
Office at No.171, 1st Floor, 6th Street,
Kumaran Colony,
Vadapalani,
Chennai – 600 026.
….Respondent/Defendant

PETITION FILED UNDER ORDER XXXIX RULE (1) OF C.P.C

For the reasons stated in the accompanying Affidavit it is prayed

that this Hon'ble court may be pleased to pass an Order for interim
injunction restraining the Respondent/defendant their men, agents,
subordinates or anybody under them in any manner from interfering or
entering or disturbing my peaceful possession of the suit schedule
property under the guise of collecting money without due process of
law and thus render justice.

Dated at Chennai on this 2nd day of August 2024

 SCHEDULE OF PROPERTY

No.F4, Salims Regal Square, Periyar Street, Saligramam,

Chennai – 600 093.

Counsel for the Petitioner/Plaintiff

 IN THE COURT OF ASSISTANT CITY
CIVIL JUDGE AT CHENNAI
I.A. No. of 2024
In
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,

….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,

….Defendant

PETITION FILED UNDER ORDER XXXIX

RULE (1) OF C.P.C

M/S.D.YOGESWARAN
(E.No.2105/2009)
P.KANNAN (E.No.466/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Counsel for the Petitioners/Applicants
“D&D ASSOCIATES” No.20/33, 1st Floor,
Ramakrishnapuram 3rd Street, West
Mambalam, Chennai - 600 033,
Cell :9962186380
Email:[email protected]
 IN THE COURT OF ASSISTANT CITY CIVIL JUDGE
AT CHENNAI
O.S.No. of 2024
Mr.C.Senthil,
S/o.Chidambaram,
No.F4, Salims Regal Square,
Periyar Street,
Saligramam,
Chennai – 600 093.
….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,
Office at No.171, 1st Floor, 6th Street,
Kumaran Colony,
Vadapalani,
Chennai – 600 026.
….Defendant
VERIFIED AFFIDAVIT FILED UNDER ORDER VI
RULE 15 (4) OF C.P.C

I, Mr.C.Senthil, S/o.Chidambaram, aged about 35 years,

residing at No.F4, Salims Regal Square, Periyar Street, Saligramam,
Chennai – 600 093, do hereby solemnly affirm and sincerely state as
follows:
I am the Plaintiff in the above suit and as such well aware and
acquainted with the facts and circumstances of the case.
I have filed the above suit for Mandatory Injunction and as well as
for other relief’s.
I do hereby declare and verify that what are stated in the plaint
averments are true and correct to the best of my knowledge and belief.

Solemnly affirmed at Chennai } Before me

On this 2nd day of August 2024 }
And signed his name in my }
Presence }
Advocate: Chennai
 IN THE COURT OF ASSISTANT CITY
CIVIL JUDGE AT CHENNAI
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,

….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,

….Defendant

VERIFIED AFFIDAVIT FILED UNDER ORDER

VI RULE 15 (4) OF C.P.C

M/S.D.YOGESWARAN
(E.No.2105/2009)
P.KANNAN (E.No.466/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Counsel for the Petitioners/Applicants
“D&D ASSOCIATES” No.20/33, 1st Floor,
Ramakrishnapuram 3rd Street, West
Mambalam, Chennai - 600 033,
Cell :9962186380
Email:[email protected]
 IN THE COURT OF ASSISTANT CITY
CIVIL JUDGE AT CHENNAI
O.S.No. of 2024

Mr.C.Senthil,
S/o.Chidambaram,

….Plaintiff
-Vs-
M/s.Muthoot Finance,
Rep. by its Authorized signatory,

….Defendant

DOCUMENT No.

M/S.D.YOGESWARAN
(E.No.2105/2009)
P.KANNAN (E.No.466/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Counsel for the Petitioners/Applicants
“D&D ASSOCIATES” No.20/33, 1st Floor,
Ramakrishnapuram 3rd Street, West Mambalam,
Chennai - 600 033, Cell :9962186380
Email:[email protected]