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Madras High CourtArb Appln/371/2023allowed

T.Elumalai And Another v. M/S.Sundaram Finance Limited

2023-07-183 pages

in A. No.3634 of 2015 ABDUL QUDDHOSE, J.

1. T. Elumalai and another ..

Applicants versus M/s.Sundaram Finance Ltd., ..

Respondent - - - - - This application has been filed to raise the order of attachment dated 20.04.2016 passed by this Court in Application No.3634 of 2015.

2. The applicants have stated that pursuant to the aforementioned order, the applicants have settled the claim of the respondent arising out of a loan Contract No.H090200141, dated 22.04.2013. The applicants have also filed in the Typed set of papers, the final settlement letter, dated 13.03.2023 issued by the respondent which confirms that the applicants have paid a sum of Rs.3,20,000/- to the respondent towards full and final settlement of the loan contract. In view of the settlement necessarily, the attachment order passed by this Court on 20.04.2016 in Application No.3634 of 2015 has to be raised.

3. The learned counsel for the respondent has also been served 1/3

with this application but there is no representation on their side. It is clear from the letter dated 13.03.2023 issued by the respondent to the applicants that the applicants have settled the entire dues payable under the Contract bearing loan contract No.H090200141, dated 22.04.2013.

4. For the foregoing reasons, the order of attachment passed by this Court on 20.04.2016 in Application No.3634 of 2015 is hereby raised and this application is allowed. The applicants are permitted to send a copy of this order to the Principal Sub Court, Kallakurichi and to the concerned Sub Registrar's office for raising the order of attachment, which was earlier recorded in their records.

18.07.2023 vsi2 ABDUL QUDDHOSE, J.

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vsi2 in A. No.3634 of 2015 18.07.2023 3/3