M/S.Canara Bank, v. M/S.Erode Alhagu Meenatchi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2018 CORAM : THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRP (NPD) Nos.3332 & 3333 of 2011 and MP.Nos.1 & 1 of 2011 M/s.Canara Bank Park Road Branch 47B, C.D.Buildings Park Road Erode - 638 003 Rep by its Senior Manager ... Petitioner in both CRPs Vs 1.M/s.Erode Alhagu Meenatchi Chit Funds (P) Limited Rep by its Managing Director M.P.L. Mayandi 1 & 2 Kottiyar Street Erode.

... 1st respondent in both CRPs 2.K.K.Ramalingam Proprietor Ramalingam & Co 24, Park Road, Erode.

... 2nd respondent in CRP.No.3332 of 2011 ... 3rd respondent in CRP.No.3333 of 2011 3.R.Anand ... 2nd respondent in CRP.No.3333 of 2011 Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India to call for the records of the I Additional Subordinate Judge, Erode in (i) E.A.No.355 of 2010 in E.P.No.261 of 2004 and (ii) E.A.No.356 of 2010 in E.P.No.326 of 2006 respectively and set aside the order dated 26.7.2011.

For Petitioner : Mr.P.Raghunathan for M/s.T.S.Gopalan & Co., For Respondents : R1 - No appearance Mr.S.T.Raja for Mr.Om Sai Ram [ R2]

COMMON ORDER Pursuant to the direction given by this Court on 02.04.2018, a communication was received from the I Additional Subordinate Court, Erode, to the effect that the execution petitions in E.P.No.261 of 2004 and E.P.No.326 of 2006 filed by the Chit Fund/first respondent for execution of money suit against the other respondents herein are closed, recording a memo of satisfaction filed by the Chit company that the amount has been paid by the respondents.

2. The revision petitioner is the third party and it is the secured creditor of the property of the JD in E.P.No.261 of 2004 and E.P.No.326 of 2006. It has filed applications in E.A.Nos.355 of 2010 and E.A.No.356 of 2010 before the Execution Court seeking a direction to the Chit Fund company to bring the schedule mentioned property for sale subject to its security.

3. In view of the fact that the said two execution petitions in E.P.No.261 of 2004 and E.P.No.326 of 2006 on the file of I Additional Sub Court, Erode have been disposed of, nothing survives in this case. Accordingly, these two revision petitions are closed. No costs. 05.04.2018 Index : Yes/No Speaking Order / Non-Speaking Order

ds To:

The I Additional Subordinate Judge Erode.

N.SESHASAYEE, J., ds CRP.(PD) No.3332 & 3333 of 2011 05.04.2018