The High Court at Madras granted permission to the plaintiffs to withdraw a civil suit filed for the return of deposited title deeds and lifting of a mortgage charge. The suit was dismissed as withdrawn.
Permission to withdraw the suit granted; suit dismissed as withdrawn; plaintiffs to refund 50% of court fee after costs.
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.S.No.698 of 2019 and A.No.9550 of 2019 and O.A.No.1105 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.12.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.698 of 2019
and
A.No.9550 of 2019
and O.A.No.1105 of 2019
1.ABT Limited,
No.101, Mount Road,
Guindy,
Chennai-600 032
represented by its Director
Mr.Harihara Sudhan
2.ABT (Madras) Private Limited,
No.101, Mount Road,
Guindy,
Chennai-600 032
represented by its Director
Mr.Harihara Sudhan .. Plaintiffs
/versus/
1.Asset Reconstruction Company (India) Limited,
Registered Office,
“The Ruby”, 10 th Floor,
29, Senapathy Bapat Marg,
Dadar (W), Mumbai-400 028.
2.Dewan Housing Finance Corporation Limited,
Having its Registered Office at
'Warden House',
2 nd Floor, Sir PM Road,
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C.S.No.698 of 2019 and A.No.9550 of 2019 and O.A.No.1105 of 2019
Fort, Mumbai-400 001.
.. Defendants
This Civil Suit is filed under Order IV Rule 1 of Madras High Court Original Side Rule, 1956 read with Order VII Rule 1 of Code of the Civil Procedure Code and Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC r/w Section60 of the Transfer of property Act, 1882 prayed for (a) Directing the 1st defendant to return to the plaintiff all the documents deposited by it vide the Memorandum of Deposit of Title deeds dated 30.03.2012 and Supplementary Memorandum of Deposit of Title Deeds dated 27.12.2014, which is more fully described in the schedule II of the Memorandum of Deposit of Title Deeds dated 30.03.2012 being Plaint document No.4 and schedule II of Supplementary Memorandum of Deposit of Title Deeds dated 27.12.2014 being Plaint document No.7;
(b) Grant a mandatory injunction directing the 1st Defendant to execute a registered acknowledgment in writing that the right of the 1st Defendant to the mortgaged property has been extinguished in view of the repayment of the loan;
(c ) Mandatory injunction directing the 1st Defendant to lift the charge created on 27.06.2019 over the assets of the 1st plaintiff more fully described in Plaint document No.13;
(d) Direct the Defendants to pay the costs of this suit;
For plaintiffs : Mr.Keerthikiran Murali
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C.S.No.698 of 2019 and A.No.9550 of 2019 and O.A.No.1105 of 2019
JUDGMENT
The learned counsel for the plaintiffs seeks permission of this
Court to withdraw the civil suit and has also made an endorsement to that effect.
12.12.2019 Speaking Order / Non-Speaking Order Index : yes/no rpl
Dr.G.JAYACHANDRAN,J.
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C.S.No.698 of 2019 and A.No.9550 of 2019 and O.A.No.1105 of 2019
rpl
C.S.No.698 of 2019
and A.No.9550 of 2019
and O.A.No.1105 of 2019
12.12.2019
4/4
2 provisions across 2 enactments
ABT Limited
ABT (Madras) Private Limited
Asset Reconstruction Company (India) Limited
Dewan Housing Finance Corporation Limited
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
