R.ESTHER JEYARANI Vs. NISHIGANDHA POLYMERS PRIVATE LIMITED

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the order passed in P.O.P.No.180 of 2016, dtd. 6/9/2021, on the file of the Principal District Judge, Thoothukudi, in dismissing the petition filed under Order 33 Rule 1 of the Code of Civil Procedure.

(2.) The appellant is the proposed plaintiff and she filed a suit under Order 33 Rule 1 and Order 7 Rule 1 C.P.C., to declare her as an indigent person and to permit her to institute the suit without paying Court fees. The case of the appellant/plaintiff is that she is the proprietress of RBJ Blue Star Enterprises, Tuticorin doing the business of underwater rock drilling, blasting, mining and transport operations, that the seventh defendant entered into a contract with the Visakapattinam Port Trust for dredging works, that the eighth respondent/defendant - Managing Director of the seventh respondent/defendant issued a work order on 18/5/2013 to the appellant/plaintiff to carry out the underwater rock drilling and blasting works connected with the dredging works at Visakapattinam Port, that the appellant/plaintiff submitted certified invoice for claiming mobilization charges of Rs.7,00,00,000.00 and the said amount was sent to the appellant/plaintiff by the eighth respondent/defendant and instructed the appellant/plaintiff to send Rs.6,00,00,000.00 to the second respondent/defendant for mobilization of further materials and equipments, that the appellant/plaintiff was then forced to mobilize the materials and equipments from her own resources and as such, she suffered a financial setback, that the appellant/plaintiff has then requested the first respondent/defendant to return back the money, but the eighth respondent infuriated by the same, terminated the earlier work order and due to the abrupt termination of the work order, the appellant has suffered heavy financial loss to the tune of Rs.22,00,00,000.00 and that the appellant was forced to file the present suit for recovery of Rs.6,00,00,000.00 and interest at Rs.3,11,10,000.00totalling at Rs.9,11,10,000.00. It is the further case of the appellant that she owns a house bearing Door No.2F/1379A, at P&T Colony, 12th street west, Tuticorin, that only by mortgaging the said house with the State Bank of India, SME Branch, Tuticorin, she invested in their business, that since the appellant was not able to settle the money borrowed from the Bank, possession notice was issued under the SARFAESI Act, that though the market value of the house property is Rs.66,00,000.00, the liability over it is more than Rs.80,00,000.00, that the appellant/plaintiff has suffered a lot monetarily and she does not have the capacity to pay the court fees for filing the suit and that therefore, she is constrained to file the above suit as informa-pauperis.

(3.) The respondents 1 to 6 in their counter statement have taken a stand that the appellant claims to be the owner of the RPJ Blue Star Enterprises which had a dealing contract with the seventh respondent for Rs.32.53 Crores, that she has been alleging that she is now owning 10 sarees, one mobile phone, one watch and 10 chudithars worth about Rs.1000.00, that the house is worth about Rs.12,00,00,000.00, but grossly undervalued for the purpose of this case, that the above O.P., has been filed only to threaten the respondents to make an unjust and unlawful gain and to avoid breach of contract and actions by the first respondent.