V.Mohan Srinivasan v. Indian Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of February Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM CMP.Nos.22233 & 22237 of 2019 in AS.No.733 of 2019 V.MOHAN SRINIVASAN [ PETITIONER IN BOTH THE PETITIONS ] Vs 1 INDIAN BANK [ RESPONDENTS IN BOTH THE ARMB II, REPRESENTED BY ITS ASSISTANT PETITIONS ] GENERAL MANAGER, NO.55 ETHIRAJ SALAI, CHENNAI 600 008 2 MANOHAR PRASAD PROPRIETOR, M/S ASIAN CAPITAL CONSOLIDATED FUND N.2 SARANGAPANI STRETE, T.NAGR, CHENNAI 600 017 3 J.D.A.CONSULTANCY SERVICES PVT LTD, REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, CASA BLANKS COMPLEX, CASA MAJOR ROAD, EGMORE, CHENNAI 600 006 4 ADHIMOOLAM 5 KANNAMAL 6 MUNIAMMAL 7 PADMAVATHY 8 IYYAKANNU 9 NAVANEETHA AMMAL 10 BABY AMMAL 11 SUBRAMANI 12 SAROJA AMMAL 13 RAMESH 14 MURUGAPPA NAICKER 15 GANAGADURI NAICKER 16 MUNUSAMY NAICKER 17 KUPPUSWAMY NAICKER
18 SUBRAMANIYA NAICKER 19 ELUMALAI NAICKER 4 TO 19 REPRESENTED BY THEIR POWER OF ATTORNEY AGENT, P.L.SUNDARAM, PROPRIETOR OF PALANIAPPA ESTATES, 22/77, VENKATARATHINAM NAGAR, ADYAR, CHENNAI 6 20 M/S RAVISHANKAR INDUSTRIES P LTD, REPRESENTED BY ITS MANAGING DIRECTOR FORMERLY KNOWN AS RAVISHANKAR FILM SP LTD, REPRESENTED BY ITS MANAGING DIRECTOR, NO.2, SARANGAPANI STREET 21 MANOHAR PRASAD SMIRTHI 21 BEACH ROAD, KALAKSHETRA COLONY, BESANT NAGAR, CHENNAI 600 090 22 M/S ASIAN CAPITAL CONSOLIDATES AND HOLDINGS PVT LTD, REPRESENTED BY ITS MANAGING DIRECTOR, NO2 SARANGAPAQNI STREET, T.NAGAR, CHENNAI 600 017 Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)Stay the operation of the judgment and decree in OS.NO.
5210 of 2015 on the file of XVII Additional city Civil Court, Chennai (in CMP.No.22233/2019)and (ii)Grant an order of interim injunction restraining the 3rd respondents his agents and servants, any person and every person claiming through the 3rd respondent, from in any manner directly or indirectly acting upon the sale certificate dated 03-01-2007 bearing Doc.1716 of 2007 registered on the file of Sub Registrar, Neelankarai, pursuant to the interim DRC No.187 of 2001 dated 09.12.2001 in OA.No.375 of 1997 and including disturbing my peaceful enjoyment dealing with the suit property more fully described in the schedule B to the accompanying petition (in CMP.No.22237/2019)pending disposal of the above AS.No.733/2019 respectively.
SCHEDULE OF PROPERTY XEROX COPY ATTACHED(IN CMP.22237/2019) Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.PL.NARAYANAN, Advocate for the petitioner in both the petitions and of M/S.RITA CHANDRASEKARAN for M/S.AIYAR & DOLIA, Advocate for the 1st respondent in both the petitions and of M/S.R.MOHANAKRISHNAN, Advocate for the 3rd respondent in both the petitions the court made the following order:-
The Stay Petition in C.M.P.No.22233 of 2019 has been filed to stay the operation of the judgment and decree in O.S.No.5210 of 2015 on the file of XVII Additional City Civil Court, Chennai, pending disposal of the above appeal.
2. The Injunction Petition in C.M.P.No.22237 of 2019 has been filed to grant an order of interim injunction, restraining the 3rd respondent his agents and servants, any person and every person claiming through the 3rd respondent, from in any manner directly or indirectly acting upon the sale certificate dated 03.01.2007 bearing Doc.No.1716 of 2007 registered on the file of Sub Registrar, Neelankarai pursuant to the interim DRC.No.187 of 2001 dated 09.12.2001 in O.A.No.375 of 1997 and including disturbing my peaceful enjoyment, dealing with the suit property morefully described in the Schedule-B to the accompanying petition, pending disposal of the above appeal.
3. The learned counsel appearing on behalf of the 1st respondent / Indian Bank brought to the notice of this Court that the suit schedule property has already been sold by way of an auction by the Bank and therefore, the Stay Petition and Injunction Petition need not be considered at this point of time.
4. This Court is of the considered opinion that all the other grounds raised in the appeal is to be considered at the time of hearing of the appeal suit.
5. As far as the interim relief is concerned, the appellant is not entitled as the property had already been sold by way of an auction.
6. Accordingly, the civil miscellaneous petitions in C.M.P.Nos.22233 & 22237 of 2019 in A.S.No.733 of 2019 stand dismissed. No costs.
7. Post the appeal suit immediately after Service of Notice to the respondents.
-sd/- 18/02/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE REGISTRAR, CITY CIVIL COURT, CHENNAI.
C.C. to M/S.PL.NARAYANAN Advocate on payment of necessary charges C.C. to M/S.AIYAR & DOLIA, Advocate on payment of necessary charges C.C. to M/S.R.MOHANAKRISHNAN, Advocate on payment of necessary charges Order in CMP.Nos.22233 & 22237 of 2019 in AS.No.733 of 2019 Date :18/02/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(20/02/2020)