Mr. Rajan Expedit v. Indian Overseas Bank

In the High Court of Judicature at Madras Dated: 05.01.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Original Side Appeal No. 59 of 2013 and M.P. Nos. 1 and 2 of 2014 Mr. Rajan Expedit Partner Rajan Picture palace 43-b-7, Zackaria Street Mela Kamarajapuram Nagercoil 629 001.

.. Appellant vs.

1. Indian Overseas Bank rep. by its Senior Manager Meenakshipuram Branch Nagercoil, Agastheeswaram Taluk Kanyakumari District.

2. Mr. Gopi Mohan

3. Mr. Vijayaraghavan The Recovery Officer Debts Recovery Tribunal Chennai.

4. Mr. C. David .. Respondents --- Prayer: Original Side Appeal filed under Order XXXVI, Rule 1 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 28.11.2012 passed by the learned Single Judge, in Application No.4677 of 2012 in C.S.D. No.18967 of 2012 on the file of this Court which was preferred to grant leave to sue the Applicant/Plaintiff to institute this suit against Respondent 1 and 3/defendant 1 and 3 along with suit property befoe this hon'ble Court.

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For Appellant : Mr. M. Aravind Subramaniam For Respondents : Mr. P.V. Sanjeev for R1 Mr. V. Vargees Amalraja for R4 ---

J U D G M E N T

(Made by The Hon'ble The Chief Justice) Learned counsel for the appellant seeks to withdraw the appeal and states that he will pursue the remedy before the Debts Recovery Tribunal in accordance with law and seek exclusion of the time period under Section 14 of the Limitation Act, having pursued diligently the remedy before this Court.

2.The appeal is dismissed as withdrawn in the aforesaid terms. No costs. Consequently, M.P. Nos.1 and 2 of 2014 are closed. Sd/- Asst.Registrar(CS III) Dt.,09.0.2015 /True Copy/ Sub Asst.Registrar ATR To;

The Sub Asst.Registrar, Original Side,High Court,Madras.

+1cc to Mr. P.J. Perumal,Advocate SR.NO.49 +1cc to Mr. M. Aravind Subramanian,Advocate SR.No.155 +1cc to Mr. P.V. Sanjeev,Advocate sr.No.52 TEJ(CO) ka 09/01 O.S.A. No. 59 of 2013 05.01.2015 https://hcservices.ecourts.gov.in/hcservices/