Disposed

Rm.Andiappan @ Lakshmanan v. Indian Bank

Madras HC15 Sept 2016OSA/102/2011

Case brief

AI extract

What is this about?

The Court disposed of Original Side Appeals against interim injunction orders. As respondents claimed they had settled accounts and issued sale certificates, the Court directed that interim arrangements restricting the auction purchaser from taking coercive steps would continue until the pending suits were disposed of.

What did the court decide?

Direction that interim arrangement barring auction purchaser from coercive steps shall continue till disposal of suits.

Rm.Andiappan @ Lakshmanan Vs Indian Bank — Property and Title | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.09.2016

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN

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O.S.A.Nos.102, 103, 151, 152 and 241 of 2011

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RM.Andiappan @ Lakshmanan.. Appellant in OSA.No.102 of 2011 AN.Shanthi .. Appellant in OSA.No.103 of 2011 A.Kannan .. Appellant in OSA.No.151 of 2011 B.K.Munusamy .. Appellant in OSA.No.152 of 2011 V.Mohan Srinivasan .. Appellant in OSA.No.241 of 2011

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versus 1.Indian Bank ARMB – II, represented by its Assistant General Manager, No.55, Ethiraj Salai, Chennai 600 008.

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2.Manohar Prasad, Proprietor, M/s.Asian Capital Consolidated Fund, No.2, Sarangapani Street, T.Nagar, Chennaiu 600 017.

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3.J.D.A.Consultancy Services Pvt., Ltd., rep. by its Managing Director, Case Blanks Complex, 1^st Floor, Egmore, Chennai 600 006.

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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.Murugesa Naicker 17.Kuppuswamy Naicker 18.Subramaniya Naicker

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https://hcservices.ecourts.gov.in/hcservices/

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19.Elumalai Naicker R.4 to R.19 rep. by Power of Attorney Agent P.L.Sundaram, Proprietor of Palaniappa Estates 22/77, Venkatarathinam Nagar, Adyar, Chennai 600 020.

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20.M/s.Ravishankar Industries (P) Ltd., rep. by its Managing Director (formerly known as Ravishankar Films (P) Ltd., No.2, Sarangapani Street, T.Nagar, Chennai 600 017.

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21.Manohar Prasad 22.M/s.Asian Capital Consolidates and Housing Pvt., Ltd., rep. by its Managing Director, T.Nagar, Chennai 600 017. .. Respondents in all the OSAs

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Appeals filed under Order 36 Rule 1 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the Order dated 17.08.2009 in O.A.No.1171, 1267, 1193, 1172 and 1279of 2008 in C.S.No.1043, 1095, 1054 and 1119 of 2008 and C.S.No. 1044 of 2008.*

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For Appellants .. Mr.P.T.Rakesh in all OSAs For Respondents .. No appearance

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J U D G M E N T

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(Judgement of the Court was delivered by The Hon'ble Chief Justice)

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Mr.Vineeth Subramaniam, learned counsel appearing for the third respondent/auction purchaser mentioned the matter in the morning that he had already given change of vakalat. We however find that no other vakalat has been filed.

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The appeals are directed against the impugned order dealing with the interim prayer for injunction by persons who claimed to have purchased the mortgaged property and are in possession thereof. Insofar as the bank is concerned, it has already appropriated the amount and settled the accounts and issued sale certificate.

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The lis is thus really between the appellants and the third respondent. The suits are stated to be now transferred to the City Civil Court and are pending there.

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In view of the aforesaid position, we are of the view that in the absence of the third respondent, it would be appropriate to direct that the interim arrangements made on

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https://hcservices.ecourts.gov.in/hcservices/

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15.12.2011 to the effect that the third respondent/auction purchaser will not take coercive steps to dispossess the appellant would continue to operate till the disposal of the suits.

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The Original Side Appeals are accordingly disposed of, leaving the parties to bear their own costs.

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Sd/Asst.Registrar (CS V ) dt. 26/09/2016

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Corrected as per letter dated 07.10.2016

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Sd/-
Asst.Registrar (CS V )
dt. 20/10/2016
/true copy/
Sub Asst. Registrar
To
The Sub Assistant Registrar,
Original Side, High Court, Madras.
+1 cc to Mr.Pl.Narayanan,advocate,sr.52454 To be substituted
to the order already
+1 cc to Mr.G.Hariharan Arun Soma Sankar, despatched on
advocate,sr.52434 28.09.2016
+1 cc to M/s.Aiyar&Dolia, advocate,sr.52266.
trm(co)
krd 27/9
EU 21.10.2016
O.S.A.Nos.102, 103, 151, 152 and 241 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

Rm.Andiappan @ Lakshmanan v. Indian Bank

Case brief

What is this about?

What did the court decide?

Rm.Andiappan @ Lakshmanan v. Indian Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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