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Madras High CourtCMP/18675/2016closed

M. Ashokchand v. State Bank Of India

2016-11-24Honourable Mr Justice R. Subramanian3 pages

C.M.P. NO.18675 OF 2016 IN A.S.No.641 OF 2006 R.SUBRAMANIAN,J.

The appeal is directed against the final decree in O.S.No.2 of 2014 on the file of the District Judge, Nilgiris, Ootacamund. As against the preliminary decree in the said suit, the appellants preferred an appeal in A.S.No.386 of 2008 which is stated to be pending.

2.

The appellants has sought for stay of execution of the decree. In M.P.No.1 of 2008 by order dated 28.07.2008, interim stay was granted. After hearing the counsel for the respondent, this Court by order dated 11.2.2008 made the interim stay absolute, on condition that the appellants/petitioners pay a sum of Rs.8,28,446.75 to the respondent-bank within 10 weeks from the date of of the receipt of the copy of the said order. 3.

Mr.T.M.Hariharan, learned counsel appearing for the petitioners/appellants in this appeal has stated that the said conditional order has been complied with and he has also produced the receipt for the same.

4.

Mr.R.T.Duraisamy, learned counsel appearing for the 1st respondent would also agree with the above submission of Mr.T.M.Hariharan, that the execution of the decree in this appeal has

already been stayed. The said statement is recorded and the application is closed.

24.11.2016 vk

R.SUBRAMANIAN,J.

vk C.M.P.No.18675/2016 in A.S.No.641 of 2006 24.11.2016 http://www.judis.nic.in