P.Sundaram v. Indian Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.02.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR A.No.No.717 of 2017 in CS.No.D15178 of 2015 P.Sundaram ..Applicant/Plaintiff

Versus

1.Indian Bank Rep by its Assistant General Manager ARMB-II Branch No.55, Ethiraj Salai Chennai - 600 008 2.The Recovery Officer DRT-I, 6th Floor, Spencer Town 770-A, Anna Salai Chennai - 600 002 3.M/s.Ravishankar Industries Pvt Ltd (Formerly known as Ravishankar Films P. Ltd No.2, Sarangapani Street T.Nagar, Chennai - 600 017 4.M/s.J.D.A. Consultancy Services Pvt. Ltd Rep by its Managing Director Casa Blanks Complex, 1st Floor Egmore, Chennai - 600 008 1/4

5.M/s.Infrastructure Leasing and France Services Ltd (IL&FS) Rep by its Managing Director IL&FS Financial Centre, Wescare Tower, III Floor, No.16, Centoph Road Teynampet, Chennai - 600 018 6.Gangadurai 7.Muruvan Alias Murugappa Naicker 8.Palaniappa Estates Represented by its Proprietor P.L.Sundaram S/o Late Palaniappa Chettiar No.16, First Floor, North Usman Road T.Nagar, Madras - 600 017

9. Prakrithi Foundation Limited Represented by its Director Mr.M.Rozario S/o.M.C.Marinathan New No.12, Old No.50, V.G.Gardens 1st Street, Mandaveli, Chennai - 600 028 .. Respondents/Defendants Prayer in A.No.171 of 2017: Application filed seeking to grant an order of leave to sue against the respondents 6 and 7, in respect of schedule of property of the suit.

Prayer in C.S.No.D15178 of 2015: Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule 1 of Madras High Court Original Side Rules 1956 read with praying for the following judgment and decree against the 2/4

defendants.

a) for a declaration that the certificate of sale of the property in Certificate dated 03.01.2007 in pursuance of recovery certificate No.187/2001 dated 11.12.2001 is null and void; b) consequently to restrain defendants 1, 2 and 4 by a decree of permanent injunction from proceeding further on the basis of certificate of sale dated 03.01.2007 in pursuance of recovery certificate No.187/2001 dated 11.12.2001.

c) to pay the costs of the suit For Plaintiff : Mr.S.Ramesh Kumar For Defendants : Mrs.Subharanjani Anandh for D4 No appearance for D1 to D3, D5 to D9

JUDGMENT

The applicant/plaintiff seeks this Court to withdraw the suit with a liberty to file a fresh suit in the same cause of action, since, the pecuniary jurisdiction of this Court and civil courts have been raised, the suit is not maintainable.

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N.SATHISH KUMAR, J.

2. Such view of the matter, liberty is granted to the plaintiff/applicant to file a fresh suit with the same cause of action within a period of two months. Accordingly, this application is withdrawn as dismissed and the suit is rejected in the admission stage itself. No costs. Registry is directed to refund the Court fee.

26.02.2024 dhk Internet : Yes Index : Yes / No A.No.No.717 of 2017 in CS.No.D15178 of 2015 4/4