Mrs. Meherunnisa, v. M/S. Crystal Investments Llp

Sub.A.(OS).No.869 of 2024 in Cont.P.DR.No.121057 of 2024 K. KUMARESH BABU, J., This Court in a company application filed by the petitioner herein in C.A.No.180 of 2013, this Court had recorded a finding of fact that the husband of the petitioner had paid the total outstanding amount against him, as demanded and had also in particular recorded the "Crystal investments" would be entitled to take appropriate steps to recover the amount deposited in the Court through Advocate Commissioner, which would mean that the husband of the applicant had paid the mortgage amount to the "Crystal investments".

2. Today, a notice has been placed before this Court wherein under the instructions of the Crystal investments as mortgagor, the property belonging to the petitioner is sought to be brought on auction sale today at 4.00pm.

3. In view of the order passed by this Court, particularly this Court had recorded a finding of fact that the mortgage had been discharged by the husband of the petitioner, against which intra court appeal had also been preferred by the said Crystal investment/mortgagor and the same had been dismissed.

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4. Hence, there shall be an order of ad-interim injunction restraining the respondent or any of its agents, men and representatives or Balajee & Company Auctioneers who was acting on behalf of the respondent herein from in any manner further proceeding with the auction process.

5. Issue statutory notice to the respondent.

6. Registry to number the main case, if it is otherwise in order. 10.09.2024.

tsh Note : Issue order copy by today.

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K. KUMARESH BABU, J.

tsh Sub.A.(OS).No.869 of 2024 in Cont.P.DR.No.121057 of 2024 10.09.2024.

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