Court discharged court deposit in debt recovery petition, ordered status quo on mortgaged property, and directed disposal of main appeal in lower tribunal.
Refund of court deposit (Rs.5,53,000/-) and maintenance of status quo on mortgaged dwelling house.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(PD)(MD)No.1060 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2019 CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.R.P.(PD)(MD)No.1060 of 2018 and C.M.P.(MD)No.4587 of 2018
K.Nallusamy ... Petitioner/Petitioner/Applicant Vs.
1.The Authorized Officer,
Tamil Nadu Mercantile Bank Ltd., Regional Officer, 30, Besant Road, Chinnachokkikulam, Madurai-625 002.
2.The Branch Manager, Tamil Nadu Mercantile Bank Ltd., Odaipati Branch, 11-1-18, Main Road, Melapatti, Odaipatti, Chinnamanur (via), Theni District-625 540.
3.M.Ramar ..Respondents/Respondents/Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 11.05.2018 passed in I.A.No.1228 of 2018 in S.A.No.247 of 2018 on the file of the Debt Recovery Tribunal, Madurai.
For Appellant : Mr.V.Meenakshisundaram For R1 and R2 : Mr.N.Dilip Kumar
ORDER
[Order of this Court was made by T.S.SIVAGNANAM, J. ]
This Civil Revision Petition filed under Article 227 of the Constitution of India is directed against the order, dated 11.05.2018 in I.A.No.1228 of 2018 in S.A.No.247 of 2018 on the file of the Debt Recovery Tribunal, Madurai.
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C.R.P.(PD)(MD)No.1060 of 2018
Tribunal did not grant stay of the sale proceedings, though the petitioner filed an application along with original demand draft for a sum of Rs.5,53,000/-. The said demand draft was drawn in the name of the Branch Manager, Tamil Nadu Mercantile Bank Ltd., dated 07.05.2018 drawn on Central Bank of India, Theni Branch. The Court while entertaining the Civil Revision Petition passed an interim order on 16.05.2018, directing the petitioner to deposit a sum of Rs.5,53,000/- before this Court to the credit of this Civil Revision Petition on or before 11.06.2018. On effecting such deposit, the original demand draft, which was directed to be retained by the Registrar Judicial, was directed to be returned to the petitioner. The petitioner complied with the condition and the original demand draft has been returned. The amount of Rs.5,53,000/- is now lying in Court deposit to the credit of this Civil Revision Petition. It is the submission of the learned counsel for the petitioner that the loan availed by the petitioner has been fully settled.
https://hcservices.ecourts.gov.in/hcservices/ 7. Considering the request made by the learned counsel for
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C.R.P.(PD)(MD)No.1060 of 2018
the petitioner, the status quo in respect of the dwelling house as on 16.05.2018 shall be maintained.
Sd/-
Assistant Registrar
// True Copy //
Sub Assistant Registrar(CS)
+1 CC to M/s.G.MOHANKUMAR, Advocate ( SR-86323[F] dated 12/09/2019 )
+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-86457[F] dated 13/09/2019 )
ta
ORDER MADE IN C.R.P.(PD)(MD)No.1060 of 2018 10.09.2019
KK/SAR/03.10.2019/3P-3C/
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2 issues framed by the court
Whether the petitioner is entitled to refund of court deposit amount in light of the industrial proceedings.
Whether the status quo in respect of the mortgaged dwelling house should be maintained.
1 provisions across 1 enactments
K.Nallusamy
The Authorized Officer, Tamil Nadu Mercantile Bank Ltd.
The Branch Manager, Tamil Nadu Mercantile Bank Ltd.
M.Ramar
T.S.Sivagnanam
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
