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Madras High CourtA/146/2024ordered

M/S.S And S Foundation Pvt Ltd v. Mr. B.Ramachandran Alias Sree Raj And 3 Others

2024-01-18Honourable Mr Justice N. Sathish Kumar2 pages

A.No.146 of 2024 in E.P.No.57 of 2022 A.No.146 of 2024 in E.P.No.57 of 2022 N.SATHISH KUMAR, J.

This application has been filed seeking for refund of the sale proceeds deposited to the credit of the above Execution Petition in favour of the decree holder.

2. The suit has been decreed for a sum of Rs.1,89,49,726/- with further interest at the rate of 24% p.a., on the sum of Rs. 1,10,00,000/-.

3. It is now stated by the learned counsel for the respondents that the first respondent/Judgment Debtor is died, his legal representatives are already parties.

4. Since the properties of the Judgment Debtor have already been brought, sold on auction and the auction purchaser has deposited a sum of Rs. 2,07,25,500/- to the credit of the above Execution Petition, the decree holder is certainly entitled to realise the amount which is available in the Court deposit.

https://www.mhc.tn.gov.in/judis 1 / 2

A.No.146 of 2024 in E.P.No.57 of 2022 N.SATHISH KUMAR, J.

5. In view of the above, this application is ordered, accordingly. The Registry is directed to refund the amount to the decree holder which is deposited by the auction purchaser to the credit of the above Execution Petition.

18.01.2024 dhk A.No.146 of 2024 in E.P.No.57 of 2022 https://www.mhc.tn.gov.in/judis 2 / 2