← Library
Madras High CourtWP/14458/2023disposed of

M/S.Kcp Infra Limited v. The Additional Superintendent Of Police

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.M.P.No.14458 of 2023 W.M.P.No.14458 of 2023 in W.P.No. 14886 of 2023 M.DHANDAPANI, J.

The learned counsel for the petitioner submitted that the petitioner stood as guarantor to the Principal Debtor Murugesan from the third respondent chit company and given his property towards security by creating Memorandum of deposit of title deeds on 01.06.2015. The above said Murugesan defaulted in payment of chit subscription, to which, the third respondent company filed ARC 182 of 2018 claiming amount from the petitioner without serving any notice and the second respondent passed an award on 04.08.2020 against the petitioner and subsequently, the first respondent passed an Order mechanically in G.O.(D).No.246 dated 25.11.2022 to recover the amount from the petitioner on attaching the property of the petitioner which is illegal and unsustainable in law. 2.Considering the facts and circumstances of the case, there shall be an order of interim stay till 15.06.2023.

3. Notice to the third respondent returnable by 15.06.2023. Private notice is also permitted.

4. Post this case on 15.06.2023 01.06.2023 dhk https://www.mhc.tn.gov.in/judis

W.M.P.No.14458 of 2023 M.DHANDAPANI, J.

dhk W.M.P.No.14458 of 2023 in W.P.No. 14886 of 2023 01.06.2023 (2/2) https://www.mhc.tn.gov.in/judis