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Canara Bank v. M/s.Dewa Properties Ltd.

Madras HC9 Apr 2025CRP/1067/2025

Case brief

AI extract

What is this about?

Madras High Court civil revision petition CRP No. 1067 of 2025 with CMP No.6122 of 2025, Justice A.D. Jagadish Chandira, dated 09-04-2025; Canara Bank (tenant/petitioner) versus M/s. Dewa Properties Ltd. (landlord/respondent); Court of Small Causes Chennai RCOP No. 881 of 2012 (order 15.02.2023) confirmed in RCA No. 73 of 2023 (order 23.04.2024); petition closed as infructuous on Joint Memo; deposit Rs.57,51,174/- refunded by Demand Draft No.313190 dated 04.04.2025 per registered agreement dated 09.03.1983; premises vacated, possession handed over with key; no merits adjudicated, no statute or precedent cited.

What did the court decide?

No substantive relief on merits; the Civil Revision Petition was closed as infructuous in view of the Joint Memo (premises vacated, deposit returned), and the connected miscellaneous petition was also closed.

Canara Bank Vs M/s.Dewa Properties Ltd. — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 23.04.2024 passed in RCA No.73 of 2023 by the Appellate Authority (VIII Judge, Court of Small Causes, Chennai), confirming the order dated 15.02.2023 in RCOP No.881 of 2012 of the XIV Judge, Court of Small Causes, Chennai, should be set aside by this Civil Revision Petition.

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Court's answer

With the Joint Memo taken on file and the tenant having vacated the premises and handed over possession, nothing survives for further adjudication and the prayer in the Civil Revision Petition has become infructuous.

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Ratio / Principle

The Civil Revision Petition stands disposed of.

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Key takeaways

The Joint Memo signed by the parties shall form part and parcel of the order, and consequently the connected miscellaneous petition (CMP No.6122 of 2025) is also closed.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.), CRP No. 1067 of 2025 and CMP No.6122 of 2025, decided 09-04-2025: Canara Bank (petitioner/Tenant) v. M/s. Dewa Properties Ltd. (respondent/landlord). The revision petition sought to set aside the order dated 23.04.2024 of the Appellate Authority (VIII Judge, Court of Small Causes, Chennai) in RCA No.73 of 2023, which had confirmed the order dated 15.02.2023 of the XIV Judge, Court of Small Causes, Chennai in RCOP No.881 of 2012. At hearing, a Joint Memo was produced recording that the landlord had returned the deposit of Rs.57,51,174/- (Demand Draft No.313190 dated 04.04.2025, per the registered agreement dated 09.03.1983) and the tenant had vacated and handed over possession with the key. Taking the memo on file, the Court held nothing survived for adjudication, declared the prayer infructuous, disposed of the revision petition (the memo forming part and parcel of the order) and closed the connected miscellaneous petition. No merits adjudicated; no statutory provision or precedent cited.

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CRP No. 1067 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CRP No. 1067 of 2025 and CMP No.6122 of 2025

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Canara Bank

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Having Head office at No.112 J.C.Road, Banglore - 560 002 and also having zonal office at Dewa Towers -I, 770 A , Anna Salai, Chennai - 600 002.

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Petitioner(s)

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M/s.Dewa Properties Ltd., Rep by its Director and Authorised Signatory Shasthi Kumar Nair No.770 A Dewa Towers-I, 2nd Floor, Anna Salai, Chennai - 600 002.

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Respondent(s)

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PRAYER

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To set aside the order of the Appellate Authority the VIII Judge, Court of Small Causes at Chennai dated 23.04.2024 and passed in RCA No. 73 of 2023, confirming the order passed by the XIV Judge, Court of Small Causes, Chennai dated 15.02.2023 and passed in RCOP No. 881 of 2012 and allow the present Civil Revision Petition and thus render justice.

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For Petitioner(s): Mr. K Bijai Sundar

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For Respondent(s): Mr. J. Sivanandha, Senior Advocate for M/s. Roshan Balasubramanian

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

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CRP No. 1067 of 2025

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ORDER

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This Civil Revision Petition has been filed to set aside the order of the

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Appellate Authority, the learned VIII Judge, Court of Small Causes at Chennai dated 23.04.2024, and passed in RCA No.73 of 2023, confirming the order passed by the XIV Judge, Court of Small Causes, Chennai dated 15.02.2023, and passed in RCOP No.881 of 2012, and allow the present Civil Revision Petition.

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Today, when the matter was taken up for hearing, learned counsel for

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the petitioner/Tenant produced a Joint Memo dated 08.04.2025 and submitted

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that that the respondent/landlord had handed over a Demand Draft dated 04.04.2025, bearing No.313190, drawn on Union Bank, Chennai Kelleys Corner Branch, in favour of Canara Bank Circle Office for a sum of Rs.57,51,174/- being the deposit amount paid in terms of the registered agreement dated 09.03.1983 entered between the parties and pursuant to the same, the petitioner/Tenant has vacated the premises and handed over possession along with the key.

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

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CRP No. 1067 of 2025

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