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Madras High CourtArb Appln/1265/2025disposed of

Ms Smfg India Credit Company Limited Represented By Its Authorized Signatory Mr G Sankararaman v. M/S Rasul Enterprises Proprietor Mr Ibrahim Gani

2025-09-01Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and OA.No.189 of 2025

1. Ms SMFG India Credit Company Limited, Represented by its Authorized Signatory Mr G Sankararaman 2nd North Avenue 10th Floor Maker Maxity, Bandra Kurla Complex Bandra (East) Mumbai-400 051.

Appellant(s) Vs

1. M/s Rasul Enterprises Proprietor Mr.Ibrahim Gani, No.120, 7th Street, Vasugi Nagar Bus Stop, Tamilnadu, Chennai 600 118.

2.Mr Ibrahim Gani No 120 7th Street Vasugi Nagar Bus Stop TamilNadu Chennai 600118 3.The Sub Registrar Sub Registrar Office Purasawalkam No 6 13 Adhi Venu Heights Porteous Road Ayanavaram Chennai 600 023

4.The Sub Registrar Chennai North Joint 1 office 1 Moorthykal Lane Chennai 600 001 Respondent(s) PRAYER To pass an order directing the 3rd and 4th Respondents to make entry in the property records and make entry in the Encumbrance Certificate from prohibiting the 1st and 2nd Respondent from alienating the property till enforcement of the award For Appellant(s):

M/s.V.Balasubramani

ORDER

This application has been filed for a direction to the 3rd and 4th respondents to make an entry in the Encumbrance Certificate by incorporating the order passed by this Court in OA.No.189 of 2025, dated 10.06.2025. 2.This Court heard the learned counsel for the applicant and also perused the materials available on record.

3.The main ground that was raised by the learned counsel counsel for the applicant is that inspite of the earlier Order passed by this Court on 10.06.2025, the respondents are proceeding to encumber alienate the property. The

applicant therefore approached the 3rd and 4th respondents for making entry in the encumbrance certificate by incorporating the order passed by this Court. The Sub Registrar seems to have insisted that a specific order must be passed by this Court in this regard. It is under these circumstances, the present application came to be filed before this Court.

4.Taking into consideration the earlier order passed by this Court on 10.06.2025 and the grievance that has been expressed by the applicant, there shall be a direction to the 3rd and 4th respondents to make entry in the encumbrance certificate by incorporating the earlier order passed by this Court on 10.06.2025 in O.A.No.189 of 2025.

5.This application is disposed of with the above directions. No costs. 01-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes KP

To 1.M/s Rasul Enterprises Proprietor Mr Ibrahim Gani Proprietor Mr.Ibrahim Gani, No.120, 7th Street, Vasugi Nagar Bus Stop, Tamilnadu, Chennai 600 118.

2.Mr Ibrahim Gani No 120 7th Street Vasugi Nagar Bus Stop TamilNadu Chennai 600118 3.The Sub Registrar Sub Registrar Office Purasawalkam No 6 13 Adhi Venu Heights Porteous Road Ayanavaram Chennai 600 023 4.The Sub Registrar Chennai North Joint 1 office 1 Moorthykal Lane Chennai 600 001

N.ANAND VENKATESH J.

KP 01-09-2025