M.Lakshmi Narayana Choudhary v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM & OA.No.1239 of 2010 & A.No.6803 of 2010

1. M.Lakshmi Narayana Choudhary (deceased)

2. M. Sailaja

3. Selvi M.Niyathi Raam Choudhary

4. Selvan M. Nihar Mohan Choudhary 5.M. Kastury ... Plaintiffs (Plaintiffs 2 to 5 are brought on records of LRs of the deceased sole plaintiff as per Order dated 10.12.2015 in Application No.6119 & 3120 of 2015) Vs.

1. State Bank of India, Stressed Asset Management Branch, Red Cross Building, No.33, Montieth Road, Egmore, Chennai - 600008 Represented by its Assistant General Manager, Mr.M.K.Sundaram.

2. M/s.Sethuraman Thiyagharajan Engineers Pvt. Ltd., (in liquidation) Chennai duly represented by the Official Liquidator, High Court of Madras, UTI Building, 1st Line Beach Road, Chennai - 600 001.

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3. Recovery Officer Debt Recovery Tribunal - II 4th floor, Spencer Towers, No.770 A, Anna Salai, Chennai - 600 002.

4. A. R. Asokan ... Defendants Prayer: This Civil Suit is filed under Order IV Rule 1 of O.S.Rules r/w Order VII Rule & 1 & 2 of CPC to a) declare that the purported sale in favour of the 4th defendant by the 1st /3rd defendant in respect of the property more fully described in the "B" schedule hereunder is null and void and not binding on the plaintiff herein and b) To direct the defendants to pay costs of the suit. For Plaintiffs : M/s.B.Ravi Raja For Respondents : M/s.King & Patridge for D1 M/s. Suresh Srinivasan for M/s.S.R.Sundar for D2 M/s.Waraon & Sairams

ORDER

Heard the learned counsel for the plaintiffs and the learned counsel for the defendants.

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2. The learned counsel for the plaintiffs has made the following endorsement :

" The above suit may be permitted to be withdrawn as the relief has become infructuous. If law permits, 50% of the court fee may be permitted to be withdrawn or refunded. "

3. In view of the aforesaid endorsement, the suit is dismissed as withdrawn. Consequently, connected applications are closed.

4. In so far as the refund of court fee is concerned, the Registry is directed to verify if the rule permits, court fee may be refunded. 24.02.2021 gv 3/4

P. RAJAMANICKAM.,J.

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