Tata Capital Limited v. C.Sivasankaran

Application Nos. 1941 of 2024 in E.P. No. 46 of 2024 K.KUMARESH BABU, J.

The prayer sought for in the application is for a direction to direct the respondent to disclose on an affidavit in compliance with Form - 16(A). It is also brought to notice of this Court that the respondent has also filed Form16(A) upon which the learned counsel for the applicant had also sought for time to carry out necessary amendment in the execution petition. 2.

The learned counsel for the respondent has brought to notice of this Court that by order dated 12.06.2024 an interim order had been passed against the respondent by injuncting him not to create any further encumbrance on the immovable properties and also not to avail any loan facilities by creating a mortgage on this properties. He would submit that the said order had been made without any application by the applicant.

3.

Considering the aforesaid fact that the application had been filed only for a direction to disclose on an affidavit in compliance with Form - 16(A), the order passed in the application cannot be further continued and hence, the order Page No.1/3

dated 12.06.2024 made in Application No. 1941 of 2024 in E.P. DR. No. 11540 of 2024 is recalled. Considering the fact that the disclosure had been made in the prescribed form, no further orders are required to be made in this application and hence, Application No. 1941 of 2024 is closed. 29.08.2024 Maya 1/3 Page No.2/3

K.KUMARESH BABU, J.

Maya Application No. 1943 of 2024 in E.P. No. 46 of 2024 29.08.2024 1/3 Page No.3/3