CRP/2878/2026 of Justine Jose Vs P.Chinthanai Selvam on 12 August 2026

ORDER

The revision petitioners challenge the order of the IX Assistant Judge, City Civil Court, Chennai, in O.P.No.53 of 2022 and I.A.No.1 of 2022, dated 28.01.2026.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent.

3. The learned counsel for the petitioners would invite my attention to the findings of the IX Assistant Judge, City Civil Court, Chennai, holding that the remedy open to the petitioners was only to approach the competent Civil Court, since the amount involved in the O.P. is not amenable to the provisions of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

4. The learned counsel for the respondent states that more than 60 lakhs is due and the petitioners have not come forward with any bona fide reasons to adjudicate their claims in O.P.No.53 of 2022.

5. Though the learned counsel for the petitioners states that the order

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C.R.P.No.2878 of 2026 passed is erroneous, the Division Bench of this Court in W.P.No.23426 of 2022 as well as this Court in W.P.No.28536 of 2023 have held that proceedings under the Act would be maintainable even if the amount which is subject matter of the instrument exceeds Rs.10,000. In fact, I had an occasion to follow the ratio laid down by the division bench as well. However, the additional circumstances in the present case are that the respondent has already filed two suits for recovery of money from the revision petitioners, and the suits are now at the advanced part-heard stage.

6. In the light of the above, permitting the revision petitioners to canvass their grievances by way of an independent O.P. may not augur well in the interest of both parties, as it would only result in conflicting orders and multiplicity of proceedings.

7. In view of the above, I am inclined to give liberty to the petitioners to canvass all their rights in the pending civil suits, including by way of filing any additional written statement, if advised so.

8. It shall be open to the petitioners to move applications in the pending civil suits before the II Additional City Civil Court, Chennai, within

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C.R.P.No.2878 of 2026 a period of two weeks from the date of receipt of a copy of this order. Any such application for filing an additional written statement shall not be opposed and the same shall be allowed.

9. If the parties desire to lead any further evidence, even if evidence has already been adduced, such request shall also be entertained, and the said suits shall be disposed of on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

10. This Civil Revision Petition stands disposed of with the above directions. No costs. 12.08.2026 raja Neutral Citation : Yes / No To The IX Assistant Judge, City Civil Court, Chennai.

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C.R.P.No.2878 of 2026

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C.R.P.No.2878 of 2026 P.B.BALAJI

, J.

raja C.R.P.No.2878 of 2026 12.08.2026

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