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Madras High CourtCRL MP/9016/2018disposed of

M/S.Textile India v. M/S.Soft Bank Microsystems

2018-08-03Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.9016 of 2018 IN CRL RC.Nos.183, 386 & 249/2018 M/S.TEXTILE INDIA [ PETITIONER/THIRD PARTY/PW-26] REP BY ITS PARTNER, MR.MOHANLAL BISANI, NO.58, PURUSWALKAM HIGH ROAD, CHENNAI.

Vs 1 M/S.SOFT BANK MICROSYSTEMS [ RESPONDENTS NO.1 & 2/ (P) LED, REP BY S.SIVA SUBRAMANIAN, PETITIONERS.NO.1 & 2] G-2, ASHWAMETHA APARTMENTS, 121, VELACHERY GUINDY MAIN ROAD, GUINDY, CHENNAI-32.

2 SIVA SUBRAMANIAN, G-2, ASHWAMETHA APARTMENTS, 121, VELACHERY GUINDY MAIN ROAD, GUINDY, CHENNAI-32.

3 THE INSPECTOR OF POLICE [ RESPONDENT NO.3/RESPONDENT] CENTRAL BUREAU OF INVESTIGATION, SPE/EOW, CHENNAI, RC.NO.7/S/2010.

Petition praying that in the circumstances stated therein the High Court will be pleased to return the Original Documents of the petitioner marked as Exhibits Namely Sale Certificate bearing Document No.3305 of 2009 marked as Exhibit No.P38, Sale Deed Bearing Document No.3300 of 1984 Marked as Exhibit No.P39 Partition deed bearing Document No.2932 of 1996 marked as Exhibit No.P40 and Rectification Deed Bearing Document No.1094 of 1997 marked as Exhibit No.P41 in C.C.No.3766 of 2011 on the file of Addl Chief Metropolitan Magistrate Egmore Chennai-600 008, to the Custody of the petitioner.[IN CRL.MP.NO.9016 OF 2018]

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.GANESH KUMAR, Advocate for the petitioner and of MR.V.P.KRISHNAMOORTHY FOR AXIS BANK and of MR.S.VASUDEVAN FOR STANDARD CHARTERED BANK and of Mr.K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR, FOR CBI CASES,[FOR R-3] on behalf of the Respondent the court made the following order:- Pursuant to the order passed by this Court on 31.07.2018, the learned counsels representing the Standard Chartered Bank and Axis Bank are present.

The learned counsel appearing for the Standard Chartered Bank reports that they have no objection to hand over the documents and the learned counsel appearing for the Axis bank submits that he wants to file an affidavit and take the documents. Recording no objection of Standard Chartered Bank, this Court directs the Axis bank to file affidavit for receiving the documents and on filing such affidavit, the documents marked as Ex.P.38 to Ex.P.41 shall be returned by the Registry after taking photo copy of those Ex.P.38 to Ex.P.41 and duly certified and the acknowledgment may be recorded.

Accordingly, this Miscellaneous Petition is disposed of. -sd/- 03/08/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDL. SESSIONS JUDGE, SPECIAL COURT FOR CBI CASES, CHENNAI.

2 THE ADDL. CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI-8.

THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 4 THE XV ADDITIONAL SESSIONS JUDGE, CHENNAI

5 THE SPECIAL PUBLIC PROSECUTOR, FOR CBI CASES, HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE CENTRAL BUREAU OF INVESTIGATION, SPE/EOW, CHENNAI COPY TO THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

+1C.C. to M/S.R.GANESH KUMAR Advocate on payment of necessary charges SR NO.14508 Order in CRL MP.9016/2018 in CRL RC.Nos.183, 386 & 249/2018 Date :03/08/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:06/08/2018