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Madras High CourtCMA/1039/2022disposed of in memo of compromise

M.Sangeetha, v. Kwality Spinning Mills Private Limited,

2022-04-28Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA C.M.A. Nos.1039 & 1040 of 2022 and C.M.P.Nos.7688 &7693 of 2022 1.M.Sangeetha 2.R.Sudha ... Petitioners/Plaintiffs/Appellants [Common in both the CMAs] Vs.

Kwality Spinning Mills Private Ltd., Rep by Manaing Director N.Sathappan Ravi, Solapalayam Village, Pollachi Taluk Coimbatore District - 642003.

... Respondent/Defendant/Respondent [Common in both the CMAs] PRAYER in CMA.No.1039 of 2022: Petition filed under Order XLIII Rule 1 of the CPC, to set aside the order dated 17.09.2021 passed in I.A.No.2 of 2020 in O.S.No.793 of 2020 on the file of the I Additional District Judge, Coimbatore by allowing this Civil Miscellaneous Appeal.

PRAYER in CMA.No.1040 of 2022: Petition filed under Order XLIII Rule 1 of the CPC, to set aside the order dated 17.09.2021 passed in I.A.No.3 of 2021 on the file of the I Additional District Judge Coimbatore by allowing this Civil Miscellaneous Appeal.

For Petitioners : Mr. V.Lakshminarayanan For Respondent : Mr.T.S.Baskaran [ for Caveator Counsel] COMMON JUDGEMENT Though the challenge is to the order dated 17.09.2021, the records would indicate that thereafter orders have been passed on 06.10.2021 and 08.10.2021 which reads as follows respectively;

"For furnishing security L/C memo filed by the Respondent to furnish security and valuation report. Memo received. Petitioner counsel submitted that valuation not correct for the property to be attached. If any objection to be considered regarding valuation if petition chosen to have separate valuation they can form their own recourse for production of the original sale deed and objection if any Call on 08.10.2021. Undertaking filed and recorded Call on 08.10.2021" "For production of Original Sale deed and objection if any Memo filed in Original Sale deed dated 14.08.1958 Memo received. Objection filed regarding valuation. Security furnished. Objected by plaintiff that value is highly stated. All this things can be seen during trial. Original Document filed. Main suit only Hence petition stands closed. With liberty to Plaintiff to value if necessary and security allowed and in accordance with law."

2. Following the order dated 06.10.2021, the appellants before this Court had produced the report of their valuer along with their objections dated 08.10.2021 which the learned Judge has not taken note of and stated that all of it would be considered during the trial.

3. The appellants are particularly aggrieved by the above facts, since according to them the property which has been offered as security which is 62.21 Cents in Survey No.25/1B1B1 would not be equivalent to the suit claim. The said fact is refuted by the learned counsel appearing for the respondent who would submit that the said extent is about 3 Crores in value.

4. The learned I Additional District Judge, Coimbatore ought to have decided the value of the security that had been furnished particularly when documents have been filed by the appellant to show that the value of the property is not what has been projected. While, the respondent would submit that it is worth about 3 Crores.

5. In these circumstance, without traversing into the merits of the appeals the matters are remanded back to the I Additional District Judge, Coimbatore with the direction to the I Additional District Judge, Coimbatore shall first test the value of the property offered as security. Both parties are at liberty to furnish the documents to show the true value of the property which has been offered as security.

6. With these directions, the appeals are disposed of. It is needless to state that the property which has been offered now as a security has not been alienated. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar shr To 1.The I Additional District Judge, Coimbatore. 2.The Section Officer, V.R.Section, High Court, Madras.

+2 ccs to Mr.I.Abrar md.Abdulla, Advocate Sr.NO. 29635 +2 ccs to Mr.T.S.Baskaran, Advocate Sr.29797(07/06/2022) C.M.A. Nos.1039 & 1040 of 2022 and C.M.P.No.7688 &7693 of 2022 SR(CO) A.SK(28/04/2022)