Equitas Small Finance Bank Ltd v. Sam Cremacis And Others

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 11TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No. 265 of 2019 In the matter of Arbitration & Conciliation Act 1996 And In the matter of Disputes between M/s.Equitas Small Finance Bank Limited and M/s.SAM CERAMICS And others Arising under Loan Agreement Dated 25.04.2017 bearing Loan Agreement No.BLMSNRD0000241.

M/s. Equitas Small Finance Bank Limited, 4th Floor, Phase-II, Spencer Plaza, 769, Anna Salai, Chennai, Tamil Nadu - 600 002.

Represented by its Authorised Signatory, Mr.K.Siva Raja Pandian (Emp.No.36197) : Applicant Vs.

1.M/s. Sam Cremacis, Proprietor, Mr.Sathiskumar, No.23/24, Next To A2B, Kanakapuram Main Road, Raghuvanahalli, Bangalore - 560 062.

: Borrower / Respondent-1 2.Mr.Sathiskumar, Son of Nalasine Gouda Chalwaiah, No 1083, Sambrama 3rd Main, 7th Cross, Near Sachidanath Ashram, G Nagar,

/ 2 / Bask II Stage, Bangalore - 560 0805.

: Co-Borrower/Respondent-2 3.Mrs.Vinutha Sathish, Son of Sathish, No.1083, Sambrama 3rd Main, 7th Cross, Near Sachidanath Ashram, G Nagar, Bask II Stage, Bangalore - 560 0805.

: Co-Borrower/Respondent-3 4.Mr.B.Ramakrishnaiah, Son of Bonaiah, No.1083, Sambrama 3rd Main, 7th Cross Near Sachidanath Ashram, G Nagar, Bask II Stage, Bangalore - 560 0805.

: Guarantor/Respondent-4 Application praying that this Hon'ble Court be pleased to pass an order of appointment of ADVOCATE COMMISSIONER to seize and deliver the movables items more particularly described in the schedule to the Judges Summon from the Respondent 1 to 4 or wherever it is found with powers to break open the premises and grant permission to the ADVOCATE COMMISSIONER to obtain police aid from the concerned police officer after taking the inventories, the said movable items are to be handed over to the Applicant's Office or to their Representatives at Bangalore and file his report thereon to this Hon'ble Court. This Application coming on this day before this court for hearing the court made the following order:

/ 3 / The learned counsel appearing for the applicant seeks to withdraw this application and also made an endorsement to that effect.

2. In view of the submission of the learned counsel appearing for the applicant and the endorsement made, this application is dismissed as withdrawn.

Sd/.N.S.K.J.

11.03.2020 //Certified to be a true copy// Dated this the day of 2020. SU/08.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.