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R.Kanagarani v. the Competent Authority

Madras HC4 Jun 2026CMP/11167/2026

Case brief

AI extract

What is this about?

Dispensation of certified copy; TNPID Act attachment order dated 27.06.2019 in O.A.No.17 of 2018 (Special Judge, TNPID Act, Chennai); registered mortgagee not notified and unable to implead; four immovable properties mortgaged for Rs.2,05,00,000/-; Crime No.06 of 2015, Sections 406, 420, 120B IPC and Section 5 TNPID Act, Inspector of Police EOW-II Chennai; prior decree in C.S.No.759 of 2015 with attachment ordered 14.11.2017; C.M.A.SR.No.191690 of 2025 to be numbered and listed for admission.

What did the court decide?

Dispensation of the production of the certified copy of the order dated 27.06.2019 passed in O.A.No.17 of 2018 by the learned Special Judge under the TNPID Act, Chennai; Registry further directed to number the Civil Miscellaneous Appeal (C.M.A.SR.No.191690 of 2025), if otherwise in order, and list the same for admission in due course.

R.Kanagarani Vs the Competent Authority — Cheating and Forgery | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the production of the certified copy of the order dated 27.06.2019 passed in O.A.No.17 of 2018 by the learned Special Judge under the TNPID Act, Chennai, may be dispensed with, given that the petitioners were not parties to that proceeding and were therefore unable to obtain the certified copy.

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Court's answer

The Court accepted the petitioners' explanation that, not being parties to the proceedings in O.A.No.17 of 2018, they were unable to obtain the certified copy of the order dated 27.06.2019, and expressed satisfaction with the explanation offered in support of the petition.

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Ratio / Principle

The Civil Miscellaneous Petition was allowed and the production of the certified copy of the order passed in O.A.No.17 of 2018, dated 27.06.2019, by the learned Special Judge under the TNPID Act, Chennai, was dispensed with.

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Detailed headnote1 paragraphs

Madras High Court (A.D.Jagadish Chandira J.) allowed C.M.P. No. 11167 of 2026 in C.M.A.SR.No.191690 of 2025 and dispensed with production of the certified copy of the order dated 27.06.2019 passed in O.A.No.17 of 2018 by the learned Special Judge under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, Chennai. The petitioners, registered mortgagees of four immovable properties mortgaged by the third respondent for Rs.2,05,00,000/-, were never put on notice of the TNPID attachment proceedings and, being non-parties, could not obtain the certified copy needed for their pending Civil Miscellaneous Appeal; the Court found their explanation satisfactory. The Registry was directed to number the appeal, if otherwise in order, and list it for admission in due course.

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CMP No. 11167 of 2026

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C.M.P.11167 of 2026 in C.M.A.SR.No.191690 of 2025

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A.D.JAGADISH CHANDIRA J.,

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This Civil Miscellaneous Petition has been filed seeking dispensation of the production of certified copy of the order passed in O.A.No.17 of 2018, dated 27.06.2019, by the learned Special Judge under Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, Chennai.

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The learned counsel for the petitioners submitted that the third respondent is an accused in Crime No.06 of 2015 for the offences punishable under Sections 406, 420, 120B of IPC and Section 5 of the TNPID Act on the file of the Inspector of Police, EOW-II, Chennai. Prior to the registration of the case, the third respondent had mortgaged four immovable properties in favour of the petitioners for a total sum of Rs.2,05,00,000/-. Since the third respondent failed to repay the said amount, the petitioners filed C.S.No.759 of 2015 before this Court and by an order dated 14.11.2017, this Court, while decreeing the suit, ordered attachment of the said properties. While so, on the proceedings initiated by the competent authority in O.A.No.17 of 2019, the learned Special Judge under the TNPID Act, Chennai, attached the said properties and brought them for sale. Though the petitioners are registered mortgagees, they were not put on notice regarding the proceedings initiated before the Special Court under

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

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CMP No. 11167 of 2026

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A.D.JAGADISH CHANDIRA J.,

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vkr

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TNPID Act, Chennai. Consequently, the petitioners were unable to implead themselves and contest O.A.No.17 of 2018. Aggrieved, the present Civil Miscellaneous Appeal has been filed. Since the petitioners are not parties to the said proceedings, they are unable to obtain a certified copy of the order passed in O.A.No.17 of 2018 dated 27.06.2019.

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In view of the submissions made by the learned counsel for the petitioners and considering the reasons stated in the affidavit filed in support of this petition, this Court is satisfied with the explanation offered.

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Accordingly, this Civil Miscellaneous Petition is allowed and the production of the certified copy of the order passed in O.A.No.17 of 2018, dated 27.06.2019, by the learned Special Judge under the TNPID Act, Chennai, is dispensed with.

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04-06-2026

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VKR

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Note: Registry is directed to number the Civil Miscellaneous Appeal, if it is, otherwise, in order and list the same for admission in due course.

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C.M.P.11167 of 2026 in C.M.A.SR.No.191690 of 2025

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