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Madras High CourtA/2801/2020dismissed as withdrawal

L.Abhishek Kankarla v. Vasavi Housing Infrastructure Ltd. And 7 Others

2021-03-26Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 26TH DAY OF MARCH 2021 THE HON'BLE MR. JUSTICE R.PONGIAPPAN A.No.2801 of 2020 in C.S. No.358 of 2016 L. Abhishek Kankaria 19/20, General Muthiah Mudali Street, Chennai-600 079.

... Plaintiff vs 1 Vasavi Housing Infrastructure Ltd.

Rep.by its Director P.B.Krishnaprasad No.8-A, Kandasamy Street, R.A. Puram, Chennai -600 028.

2 Mrs. Nagalakshmi Vengataramani 3 Mr. Anandaraman Raghavan 4 Mrs. A. Nagarathinam (2 to 4 residing at) Flat No.9, Narmada Apartments, No.21, 3rd Cross Street, Raja Annamalaipuram, Chennai - 600 028.

5 State Bank of India Rep. by its Branch Manager Retail Assets Central Processing Centre (RACPC) MRC Nagar, Chennai-600 102.

6 Mr. M. Sridharan 2/55, Vandikaran Street, West Mambalam, Chennai - 600 033.

7. Mr.N.Balasubramanian (*)

8. Mr.B.Shyam Sundar (*) Both residing at:

No.10, IV Cross Street, Karpagam Garden, Adyar, Chennai 600 020 ..Defendants Defendants 7 and 8 impleaded (*) as per order dated 12.02.2020 in A.No.9249 of 2019 A.No.2801 of 2020:

L. Abhishek Kankaria 19/20, General Muthiah Mudali Street, Chennai-600 079.

...Applicant/Plaintiff vs 1 Vasavi Housing Infrastructure Ltd.

Rep.by its Director P.B.Krishnaprasad No.8-A, Kandasamy Street, R.A. Puram, Chennai -600 028.

2 Mrs. Nagalakshmi Vengataramani 3 Mr. Anandaraman Raghavan 4 Mrs. A. Nagarathinam (2 to 4 residing at) Flat No.9, Narmada Apartments, No.21, 3rd Cross Street, Raja Annamalaipuram, Chennai - 600 028.

5 State Bank of India Rep. by its Branch Manager Retail Assets Central Processing Centre (RACPC) MRC Nagar, Chennai-600 102.

6 Mr. M. Sridharan 2/55, Vandikaran Street, West Mambalam, Chennai - 600 033.

7. Mr.N.Balasubramanian

8. Mr.B.Shyam Sundar Both residing at:

No.10, IV Cross Street, Karpagam Garden, Adyar, Chennai 600 020.

..Respondents/Defendants Defendants 7 and 8 impleaded as per order dated 12.02.2020 in A.No.9249 of 2019 Application praying that this Hon'ble Court be pleased to permit the plaintiff to carry out the plaint amendments in C.S.358 of 2016 morefully mentioned in the schedule to the judges summons. This Application coming on this day before this court for hearing, the Court made the following order:

The plaintiff in C.S.No.358 of 2016 has filed this application to carry out the amendment in the plaint.

2. When at the time, the said application was posted for enquiry, the counsel for the plaintiff/applicant appeared before this Court and made an endorsement that this application can be dismissed with liberty to file a better affidavit. In respect to the said endorsement, the learned counsel for the defendants/respondents had not raised any objection. In fact, the learned

counsel for the respondents/defendants made a submission in favour of the applicant for filing fresh application along with the better affidavit.

3. Hence, being satisfied with the reason that the respondents/defendants are not having objection for the relief sought by the applicant/plaintiff, this application is dismissed as withdrawn with liberty to file a fresh application.

Sd./-R.P.A.J 26.03.2021 //Certified to be true copy// Dated at Madras this the day of 2021.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

JJ 18/05/2021